Child Rights to Guardianship

A Comparative Study in International, Islamic and Libyan Laws

Ali Omar Ali Mesrati

PDF
ca. 128,39

Springer Singapore img Link Publisher

Sozialwissenschaften, Recht, Wirtschaft / bürgerliches Recht, Zivilprozessrecht

Beschreibung

This book examines how local cultures affect the interpretation of international human rights law. This book explores the Islamic legal system in its approach to the concept of guardianship and, more specifically, the approach of the Libyan legal system through a study of existing legislation and Libyan High Court (LHC) interpretation as revealed in its decisions. This book aims to show how the cultural background affects the interpretation of international human rights in domestic legal systems.

This book makes a worthy contribution to promoting greater understanding of the cultural dimensions in operation in both the formulation and particularly the application of international law in Libya as elsewhere. This is an area of research which is, as a whole, one worthy of further development and examination.

The book includes case analysis of important Libyan High Court rulings which have been gathered by the author and officially translated, analysed, and discussedfrom the three lenses namely; Libyan Law, Islamic Law, and International Law. In turn, this book is the first of its kind and unique in the field of Islamic and International Law. This book also includes detailed analysis of the correspondence between the Libyan High Court and the UN Committee on the Rights of the Child. Further, this book provides solutions and comprehensive and practical recommendations that satisfy both International standards and local Islamic and Libyan culture. This is an ever evolving and a current area of interest internationally, this unique book enriches the field and continues the conversation and provides practical sustainable solutions.

 


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Schlagwörter

Rights of the Child, Convention on the Rights of the Child, Custodianship, Family Law, Child Rights, International Law, Committee on the Right of the Child, International Human Rights Law, Islamic Law, International Child Law, Western Law, Human Rights, Islamic Society, Parent’s Rights, Rights of the Guardian, Libyan High Court, Islamic History, Guardianship, Libyan Law, The Best Interests of the Child