Legal culture and its influence on the legislation on minors in Islamic countries Cover Image
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Cultura juridică și influența ei asupra legislației privind minorii din țările islamice
Legal culture and its influence on the legislation on minors in Islamic countries

Author(s): Emanuel Tăvală
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: legal culture; islamic law; best interest of the child; legal pluralism;

Summary/Abstract: The legal culture can offer one of the most accurate characterization of the legal system nowadays in the conditions of legal pluralism and globalization, but also in migrational conditions as well. In this direction one of the most important aspects may be the best interest of the child. In recent years, legislatures of many Muslim countries have revised the conventional Islamic rules on child custody. Whereas in the past, rules were oriented on fixed age brackets and the gender of the parent and child, they have increasingly been formulated in favour of the principle of the best interests of the child and/or in favour of the mother through an extension of the custodial time period afforded to her as a matter of law. I the following study I was only underlining the importance and the relevance of the legal culture on this aspect of best interest of the child, as well as the influence of the general/religious culture on some of the laws in these countries.

  • Issue Year: 2020
  • Issue No: 02
  • Page Range: 78-88
  • Page Count: 11
  • Language: Romanian
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