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Jurisdictional Exceptionalisms examines the legal issues associated with a parent's forced removal of their children to reside in another country following relationship dissolution or divorce. Through an analysis of Public and Private International Laws, and Islamic law - historical and as implemented in contemporary Muslim Family Law States - the authors uncover distinct legal lexicons that centre children's interests in premodern Islamic legal doctrines, modern State practice, and multilateral conventions on children. While legal advocates and policy makers pursue global solutions to parental child abduction, this volume identifies fundamental obstacles, including the absence of shared understandings of jurisdiction. By examining the relevant law and practice, the study exposes the polarised politics embedded in the technical legal rules on jurisdiction. Presenting a new, innovative method in comparative legal history, the book examines the beliefs, values, histories, doctrines, institutions and practices of legal systems presumed to be in conflict with one another.
Conflict of laws --- Parental kidnapping --- Custody of children (Islamic law) --- Criminal law --- Parent and child (Law) --- Choice of law --- Intermunicipal law --- International law, Private --- International private law --- Private international law --- Law --- Legal polycentricity --- Ḥaḍānah (Islamic law) --- Islamic law --- Kidnapping, Parental --- Kidnapping --- Custody of children --- Custody of children. --- Law and legislation --- Law and legislation. --- Civil law --- Convention on the Civil Aspects of International Child Abduction --- Convention sur les aspects civils de l'enlèvement international d'enfants --- Guo ji you guai er tong min shi fang mian de gong yue --- Hague Convention on the Civil Aspects of International Child Abduction --- Konvention om de civila aspekterna på internationella bortföranden av barn --- Uluslararası Çocuk Kaçırmanın Hukuki Veçhelerine Dair Sözleşme --- Hague Abduction Convention
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