Cultura juridică şi interesul superior al copilului
Legal culture and the best interests of the child

Summary/Abstract: The legal culture can offer one of the most accurate characterizations 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 genders 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. In 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 Egypt. The material contains a historical perspective on the evolution of domestic rules on parental care and on the introduction and development of the notion of the best interests of the child. Further, it considers social and cultural factors and discuss the particular characteristics in Egypt before analysing the policies and agendas of national legislature and other stakeholders which have led them to amend law in a specific direction. Finally, significant attention has been given to legal practice and the role of the judiciary in interpreting the principle of the best interests of the child.

• Details
• Contents