Jurisdictional Exceptionalisms: Islamic Law, International Law, and Parental Child Abduction
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Description
Professors Emon and Khaliq will discuss their new book Jurisdictional Exceptionalisms (Cambridge University Press, 2021) which 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.
Professor Emon is Professor of Law and History, Canada Research Chair in Islamic Law and History, and Director of the Institute of Islamic Studies at the University of Toronto. A former Guggenheim Fellow, a member of the College of the Royal Society of Canada and a recipient of its Kitty Newman Memorial Award in Philosophy, Professor Emon is the author of numerous books, including Islamic Natural Law Theories (Oxford University Press, 2012).
Professor Urfan Khaliq, FLSW, FRSA is Professor of Public International and European Laws, Pro Vice Chancellor and Head of the College of Arts, Humanities and Social Sciences, Cardiff University. His first book Ethical Foreign Policies of the European Union: A Legal Appraisal (Cambridge University Press, 2009) was awarded the Universities Association for Contemporary European Studies Book Prize, and he has published widely on public international law, international human rights law, EU law, foreign policy and aspects of Islamic Law. Professor Khaliq is an Advocate of the Punjab High Court, Pakistan and a member of the Research Consultants Panel at Matrix Chambers, Gray's Inn, London.