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Ali Omar Ali Mesrati

Child Rights to Guardianship: A Comparative Study in International, Islamic and Libyan Laws

Child Rights to Guardianship: A Comparative Study in International, Islamic and Libyan Laws

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  • More about Child Rights to Guardianship: A Comparative Study in International, Islamic and Libyan Laws


This book explores how local cultures affect the interpretation of international human rights law, specifically in the Islamic legal system in Libya. It examines existing legislation and Libyan High Court interpretation to demonstrate how cultural background influences the interpretation of international human rights in domestic legal systems. The book includes case analysis of important Libyan High Court rul.

Format: Paperback / softback
Length: 210 pages
Publication date: 15 January 2023
Publisher: Springer Verlag, Singapore


This comprehensive book delves into the intricate relationship between local cultures and the interpretation of international human rights law. It offers a deep exploration of the Islamic legal system, focusing specifically on its approach to guardianship and the Libyan legal system through a detailed study of existing legislation and judicial interpretations. The primary objective of this book is to demonstrate how the cultural background influences the interpretation of international human rights within domestic legal systems.

The book makes a significant contribution to advancing our understanding of the cultural nuances at play in both the formulation and implementation of international law in Libya and beyond. This field of research warrants further exploration and analysis, making this book a valuable resource for scholars and practitioners alike.

The book is organized into several chapters, each providing a comprehensive examination of the topic at hand. The first chapter provides an introduction to the book, setting the stage for the subsequent chapters. It highlights the importance of understanding the cultural context in interpreting international human rights law and emphasizes the unique challenges posed by the Libyan legal system.

The second chapter delves into the concept of guardianship in Islamic law and its application in the Libyan legal system. It explores the historical background, legal principles, and practical implications of guardianship, particularly in the context of child custody and guardianship disputes. The chapter also discusses the role of the Libyan High Court in interpreting and applying Islamic law in guardianship cases.

The third chapter examines the approach of the Libyan legal system to the concept of guardianship through a study of existing legislation and judicial interpretations. It analyzes the legal frameworks, doctrines, and principles that govern guardianship in Libya and highlights the challenges and complexities faced by the legal system in addressing guardianship issues.

The fourth chapter provides a case analysis of important Libyan High Court rulings that have been gathered by the author and officially translated, analyzed, and discussed from the three lenses of Libyan law, Islamic law, and international law. The author uses a comparative approach to analyze the rul law and provides a comprehensive analysis of the rul law and its implications for the interpretation of international human rights in the Libyan legal system.

The fifth chapter explores the correspondence between the Libyan High Court and the United Nations Committee on the Rights of the Child. It examines the legal and ethical challenges faced by the High Court in interpreting and applying international human rights law in relation to child custody and guardianship disputes. The chapter also highlights the role of the Committee on the Rights of the Child in promoting greater understanding of the cultural dimensions in operation in both the formulation and particularly the application of international law in Libya as elsewhere.

The sixth chapter offers solutions and comprehensive and practical recommendations that satisfy both international standards and local Islamic and Libyan culture. The author proposes a framework for promoting cultural sensitivity and understanding in the interpretation of international human rights law and suggests ways in which the Libyan legal system can adapt to meet the demands of international human rights standards while preserving its cultural heritage.

The seventh chapter concludes the book by summar
This comprehensive book delves into the intricate relationship between local cultures and the interpretation of international human rights law. It offers a deep exploration of the Islamic legal system, focusing specifically on its approach to guardianship and the Libyan legal system through a detailed study of existing legislation and judicial interpretations. The primary objective of this book is to demonstrate how the cultural background influences the interpretation of international human rights within domestic legal systems.

The book makes a significant contribution to advancing our understanding of the cultural nuances at play in both the formulation and implementation of international law in Libya and beyond. This field of research warrants further exploration and analysis, making this book a valuable resource for scholars and practitioners alike.

The book is organized into several chapters, each providing a comprehensive examination of the topic
The first chapter provides an introduction to the book, setting the stage

The second chapter delves into the concept of guardianship in Islamic law and its application in the Libyan legal system. It explores the historical background, legal principles, and practical implications of guardianship, particularly in the context of child custody and guardianship disputes. The chapter also discusses the role.

The third chapter examines the approach of the Libyan legal system to the concept of guardianship through a study of existing legislation and judicial interpretations. It analyzes the legal frameworks.

The fourth chapter provides a case analysis of important Libyan High Court rul.

The fifth chapter explores the correspondence between the Libyan High Court and the United Nations Committee on the Rights of the Child.

The sixth chapter offers solutions and comprehensive and practical recommendations that satisfy both international standards and local Islamic and Libyan culture.

The seventh chapter concludes the book.

Weight: 349g
Dimension: 235 x 155 (mm)
ISBN-13: 9789811681837
Edition number: 1st ed. 2022

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