Precis:
In 1980, the Hague Conference issued the Hague Abduction Convention to develop a mechanism to address the phenomenon of cross-border parental child abduction. For years, however, the Hague Conference has endeavored to get Muslim-majority states (with Islamic law inspired family law codes) to join the convention but with little success. These countries often argue, instead, that the convention violates Islamic law. In Jurisdictional Exceptionalisms, Anver M. Emon (with co-author Urfan Khaliq, Cardiff Law School) examine the legally perplexing case of cross-border parental child abduction by interrogating the logics of both private international law (aka Conflicts of Law) and Islamic law (both premodern and as implemented in modern states). The limited literature on this topic addresses it from the perspective of human rights, children’s rights, or Islamic legal exceptionalism. Drawing on upon this recent publication, Emon will elaborate on insights gained from the research critical insight into the possibilities of comparative law, international law, and Islamic legal studies.
Bio: Anver M. Emon is Canada Research Chair in Islamic law and history at the University of Toronto, where he is appointed in both the Faculty of Law and Department of History, and is Director of the University of Toronto’s Institute of Islamic Studies. Trained as a lawyer and legal historian, Emon’s scholarship centers on Islamic law in both the premodern period and in modern state and non-state discourses. He is the author of Islamic Natural Law Theories (Oxford Univ Press, 2010) and Religious Pluralism and Islamic Law (Oxford University Press, 2012), and co-edited the Oxford Handbook on Islamic Law (2018). His most recent book (co-authored with Urfan Khaliq, Cardiff Law School), Jurisdictional Exceptionalisms (Cambridge 2021) examines the phenomenon of parental child abduction by unpacking both private international law and Islamic law. His current research project focuses on fiqh as a genre of legal writing, and examines doctrinal debates in light of late 19th and 20th century Islamic legal historiography.
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