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  3. Child Custody in Islamic Law
  • Cited by 11
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    • Publisher:
      Cambridge University Press
      Publication date:
      30 July 2018
      09 August 2018
      ISBN:
      9781108648042
      9781108470568
      9781108456197
      DOI:
      https://doi.org/10.1017/9781108648042
      Dimensions:
      (228 x 152 mm)
      Weight & Pages:
      0.52kg, 278 Pages
      Dimensions:
      (229 x 152 mm)
      Weight & Pages:
      0.41kg, 280 Pages
      • Series:
      Cambridge Studies in Islamic Civilization
      Subjects:
      Middle East Studies, Islam, Area Studies, Law, History, Middle East History, Family Law
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    Series:
    Cambridge Studies in Islamic Civilization
    Subjects:
    Middle East Studies, Islam, Area Studies, Law, History, Middle East History, Family Law
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    Book description

    Pre-modern Muslim jurists drew a clear distinction between the nurturing and upkeep of children, or 'custody', and caring for the child's education, discipline, and property, known as 'guardianship'. Here, Ahmed Fekry Ibrahim analyzes how these two concepts relate to the welfare of the child, and traces the development of an Islamic child welfare jurisprudence akin to the Euro-American concept of the best interests of the child, enshrined in the Convention on the Rights of the Child (CRC). Challenging Euro-American exceptionalism, he argues that child welfare played an essential role in agreements designed by early modern Egyptian judges and families, and that Egyptian child custody laws underwent radical transformations in the modern period. Focusing on a variety of themes, including matters of age and gender, the mother's marital status, and the custodian's lifestyle and religious affiliation, Ibrahim shows that there is an exaggerated gap between the modern concept of the best interests of the child and pre-modern Egyptian approaches to child welfare.

    Reviews

    'This is a fascinating account of the practice of custody and guardianship in Egypt,and one hopes many future studies on these subjects will follow.'

    Janan Delgado Source: Journal of Near Eastern Studies

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