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

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Ahmed Fekry Ibrahim (McGill University, Montréal)

Child Custody in Islamic Law

Theory and Practice in Egypt since the Sixteenth Century

Ahmed Fekry Ibrahim (McGill University, Montréal)

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Hardback

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English

Cambridge University Press
09 August 2018

Middle Eastern history; Islamic law; Family law: children

Series: Cambridge Studies in Islamic Civilization

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.

By: Ahmed Fekry Ibrahim (McGill University Montréal)
Imprint: Cambridge University Press
Country of Publication: United Kingdom
Dimensions: Height: 235mm, Width: 155mm, Spine: 19mm
Weight: 520g
ISBN: 9781108470568
ISBN 10: 1108470564
Series: Cambridge Studies in Islamic Civilization
Pages: 278
Publication Date: 09 August 2018
Audience: Professional and scholarly , Undergraduate
Format: Hardback
Publisher's Status: Active

Ahmed Fekry Ibrahim is Assistant Professor of Islamic Law at McGill University, Montréal. 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.

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

'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, Journal of Near Eastern Studies