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  1. Home
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  3. Child Custody in Islamic Law
  • Cited by 8
Publisher:
Cambridge University Press
Online publication date:
July 2018
Print publication year:
2018
Online ISBN:
9781108648042
DOI:
https://doi.org/10.1017/9781108648042
Series:
Cambridge Studies in Islamic Civilization
Subjects:
Middle East Studies, Islam, Area Studies, Law, History, Middle East History, Family Law
Information

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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