Displaying 1 - 1 of 1
Abstract
The concept of the best interests of the child comes into tension with premodern Islamic law with respect to the issue of adoption because Islamic law does not allow a child to take the name or inheritance of her or his non-biological parents. Many scholars and policymakers have considered premodern Islamic juristic discourse to violate the child’s best interests as it creates a number of disadvantaged legal categories of children in Islamic law, all while prohibiting adoption. In this chapter, I show the ways in which premodern Muslim jurists and judges (with…