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Implementation of the Convention on the Rights of the Child by Muslim States

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Chapter Summary

Based on Muslim legal traditions, or so called Shariah or Islamic law, some Muslim states have entered reservations to the Convention. All Muslim states are states parties to the Convention, including the states who entered reservations or declarations. Algeria, Djibouti, and Kuwait have declarations on the CRC. Apart from those articles of the CRC to which Muslim states have reservations, implementation of some other articles of the Convention may also be affected by Muslim legal traditions. There is no provision in the CRC relevant to child marriage, but Article 16(2) of the CEDAW bans the practice of child marriage. The concept of maturity in Muslim legal traditions regarding the age of liability for punishments is in conflict with Article 37 of the Convention. While "Roman - Dutch law, like English law, did not have the institution of adoption", traditional Muslim law recognized a similar institution to adoption, called kafalah.

Keywords: child marriage; kafalah; Muslim law; Muslim legal traditions; Muslim states; Shariah

10.1163/ej.9789004165557.vii-286.54
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