Child Custody in Islamic Law: Theory and Practice in Egypt since the Sixteenth Century

Cambridge University Press
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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.
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About the author

Ahmed Fekry Ibrahim is Assistant Professor of Islamic Law at McGill University, Montral. He has been writing about the theory and practice of Islamic law in the pre-modern and modern periods by examining both juristic discourse and court records. His research has been supported by numerous bodies, including the Berlin-Brandenburgische Akademie der Wissenschaften, the Social Sciences and Humanities Research Council of Canada, the Max Planck Institute for Comparative and International Private Law, the American Research Center in Egypt, and the School of Foreign Service at Georgetown University in Qatar.

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Additional Information

Publisher
Cambridge University Press
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Published on
Aug 31, 2018
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Pages
281
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ISBN
9781108651172
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Language
English
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Genres
History / Middle East / General
Law / International
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Content Protection
This content is DRM protected.
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to his suggestions for corrective action at government level, will naturally vary according to the interests of each government in upholding the ap proach it regards as consistent with its own basic interests and those of its international airline. I commend this book as a most valuable treatment of the subjects which are of concern not only to the academic student but also to those engaged in the study and application of international civil aviation agreements in governments and airlines. It would be fitting if it enjoys, as it should, wide circulation amongst such students and practicioners. Sir Donald Anderson Director-General of Civil Aviation Melbourne, Australia. April, 1970. TABLE OF CONTENTS LIST OF ABBREVIATIONS XI CHAPTER ONE I. The Technique of government 1 II. International civil aviation regulation 4 III. National vs international approach 9 CHAPTER Two I. International control of the air traffic market 17 II. Freedom classification and traffic data 22 III. The air traffic market and the exchange of routes and traffic rights 28 IV. The sixth freedom issue 32 V. Route specification 40 VI. Equal opportunity 46 CHAPTER THREE I. Non-scheduled and scheduled air carriers 51 II. All-cargo services 59 III. Inclusive tour traffic 63 IV. Non-inclusive tour (affinity) charter traffic 72 V. Traffic rights for charter carriers 79 CHAPTER FOUR I. Cooperative arrangements 104 II. Aircraft lease agreements in international air transp- tation 114 III. Affiliation between air carriers 120 IV.
In Pragmatism in Islamic Law, Ibrahim presents a detailed history of Sunni legal pluralism and the ways in which it was employed to accommodate the changing needs of society. Since the formative period of Islamic law, jurists have debated whether it is acceptable for a law to be selected based on its utility, rather than weighing conflicting articulations of the law to determine the most likely expression of the divine will. Virtually unanimous opposition to the utilitarian approach, referred to as "pragmatic eclecticism," emerged among early Islamic jurists. However, due to a host of changing institutional and socioeconomic transformations, a trend toward the legitimization of pragmatic eclecticism arose in the thirteenth century. Subsequently, the Mamluk authorities institutionalized this pragmatism when Sultan Baybars appointed four chief judges representing the four Sunni schools in Cairo in 1265 CE. After a brief attempt to reverse Mamluk pluralism by imposing the Hanafi school in the sixteenth century, Egypt’s new rulers, the Ottomans, embraced this pluralistic pragmatism. In examining over a thousand cases from three seventeenth- and eighteenthcentury Egyptian courts, Ibrahim traces the internal logic of pragmatic eclecticism
under the Ottomans. An array of archival sources documents the manner in which Egyptian society’s subaltern classes navigated Sunni legal pluralism as a tool to avoid more austere legal doctrines. The ensuing portrait challenges the assumption made by many modern historians that the utilitarian approaches adopted by nineteenth- and twentieth-century Muslim reformers constituted a clear rupture with early Islamic legal history. In contrast, many of the legal strategies
exercised in Egypt’s partial codification of family law in the twentieth century were rooted in premodern Islamic jurisprudence.
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