Algeria

Filiation (nasab) in Algeria is established through valid, defective or erroneously assumed marriage as well as acknowledgement (iqrār) and proof (bayyina). The new Family Code of 2005 also puts scientific means (ṭuruq cilmiyya) at the judge’s disposal fo

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Nadjma Yassari Lena-Maria Möller Marie-Claude Najm Editors

Filiation and the Protection of Parentless Children

Nadjma Yassari Lena-Maria Möller Marie-Claude Najm •



Editors

Filiation and the Protection of Parentless Children Towards a Social Definition of the Family in Muslim Jurisdictions

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Editors Nadjma Yassari Research Group “Changes in God’s Law— An Inner Islamic Comparison of Family and Succession Laws” Max Planck Institute for Comparative and International Private Law Hamburg, Germany

Lena-Maria Möller Research Group “Changes in God’s Law— An Inner Islamic Comparison of Family and Succession Laws” Max Planck Institute for Comparative and International Private Law Hamburg, Germany

Marie-Claude Najm Centre of Legal Studies and Research for the Arab World Faculty of Law and Political Science Saint Joseph University of Beirut Beirut, Lebanon

ISBN 978-94-6265-310-8 ISBN 978-94-6265-311-5 https://doi.org/10.1007/978-94-6265-311-5

(eBook)

Published by T.M.C. ASSER PRESS, The Hague, The Netherlands www.asserpress.nl Produced and distributed for T.M.C. ASSER PRESS by Springer-Verlag Berlin Heidelberg © T.M.C. ASSER PRESS and the authors 2019 No part of this work may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, microfilming, recording or otherwise, without written permission from the Publisher, with the exception of any material supplied specifically for the purpose of being entered and executed on a computer system, for exclusive use by the purchaser of the work. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. This T.M.C. ASSER PRESS imprint is published by the registered company Springer-Verlag GmbH, DE part of Springer Nature The registered company address is: Heidelberger Platz 3, 14197 Berlin, Germany

Preface

This volume marks the completion of the second project of the Max Planck Working Group on Child Law in Muslim Countries. It compiles selected contributions presented at the workshop “Establishing filiation: Towards a social definition of the family in Islamic and Middle Eastern Law?”, which, under the auspices of the Research Group “Changes in God’s Law—An Inner Islamic Comparison of Family and Succession Law”, was convened in cooperation with the German Orient-Institut and the Centre of Legal Studies and Research for the Arab World (CEDROMA) at the Saint Joseph University in Beirut, Lebanon, from 8 to 11 November 2017. While the Working Group’s first project focused on the principle of the best interests of the child and parental care, the second project phase explores existing social and legal structures providing for the care and protection of “parentless” children. Parentless children, in this context, are defined as either children of unknown filiation, such as foundlings, children