International Islamic University
PhD Shariah Islamic Law & Jurisprudence; Law and Legislature
This thesis primarily focuses on Islamic and English Laws concerning the rights of the child particularly Islamic concept of ╒a╔┐nah, which is considered at conflict with the latter. Thus, major aim of the study is to dilate on the judicial underpinnings on the crosscultural custody disputes, relocation of the children and conflicting areas between English and Pakistani Family Laws. Insofar as it also attempts to figure out the similarities and dichotomies between the two on very vital and real issues of simmering custody disputes between Islamic and English Laws in the eventuality of breakup of institution of marriage. The research work seeks to find out answers to the judicial problems arising in the wake of cross-cultural custody disputes and removal of child from habitual residence resulting from the separation between cross-cultural parents. It has also made an effort to bring out the conflicted areas and lacuna in Hague Convention on the Civil Aspects of International Child Abduction, offering few suggestions/recommendations to harmonize both laws, whilst judicial problems and conflicting areas are discovered by scrutinizing the clauses of Hague Convention and Case Law. In the end, findings reflect that although significant differences prevail in both the legal systems but nevertheless International law and Shar┘‘ah rulings can be harmonized to some degree after the reconstruction of the contradictory provisions as both laws are considered playing dominant role to protect the interest of the child in custody disputes.