Jurisdictional Exceptionalisms

Examines a complex global legal problem to demonstrate a compelling method for comparative legal, cultural, and social understanding.

This book will interest students and scholars examining the complex relations between the West and the so-called Muslim world. Using a specific legal issue, the study interrogates the broad topics of international law and Islamic law, demonstrating the exceptionalisms at play that make more general human rights debates so fraught.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.