{"title":"Children’s Custody under Islamic Law: Whose Right Is It?","authors":"Zainah Almihdar","doi":"10.1515/MWJHR-2018-0019","DOIUrl":null,"url":null,"abstract":"Abstract In the absence of a codified Family Law, the Kingdom of Saudi Arabia has traditionally applied the Hanbali school of Islamic Law in its family courts. However, the court’s handling of children’s custody cases has been criticised as being too rigid and narrow in interpreting the principles of Islamic Law. To overcome some of the problems faced in children’s custody cases, the Saudi authorities have recently made a number of Directions and Decisions for the family courts to follow. Through looking at these measures and some relevant court judgements, this Article aims to shed some light on the effect of these changes in emphasising the human rights of children in family law cases.","PeriodicalId":35445,"journal":{"name":"Muslim World Journal of Human Rights","volume":null,"pages":null},"PeriodicalIF":0.0000,"publicationDate":"2018-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1515/MWJHR-2018-0019","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Muslim World Journal of Human Rights","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1515/MWJHR-2018-0019","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"Social Sciences","Score":null,"Total":0}
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Abstract
Abstract In the absence of a codified Family Law, the Kingdom of Saudi Arabia has traditionally applied the Hanbali school of Islamic Law in its family courts. However, the court’s handling of children’s custody cases has been criticised as being too rigid and narrow in interpreting the principles of Islamic Law. To overcome some of the problems faced in children’s custody cases, the Saudi authorities have recently made a number of Directions and Decisions for the family courts to follow. Through looking at these measures and some relevant court judgements, this Article aims to shed some light on the effect of these changes in emphasising the human rights of children in family law cases.
期刊介绍：
Muslim World Journal of Human Rights promises to serve as a forum in which barriers are bridged (or at least, addressed), and human rights are finally discussed with an eye on the Muslim world, in an open and creative manner. The choice to name the journal, Muslim World Journal of Human Rights reflects a desire to examine human rights issues related not only to Islam and Islamic law, but equally those human rights issues found in Muslim societies that stem from various other sources such as socio-economic and political factors, as well the interaction and intersections of the two areas. MWJHR welcomes submissions that apply the traditional human right framework in their analysis as well as those that transcend the boundaries of contemporary scholarship in this regard. Further, the journal also welcomes inter-disciplinary and/or comparative approaches to the study of human rights in the Muslim world in an effort to encourage the emergence of new methodologies in the field. Muslim World Journal of Human Rights recognizes that several highly contested debates in the field of human rights have been reflected in the Muslim world but have frequently taken on their own particular manifestation in accordance with the varying contexts of contemporary Muslim societies.
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