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Abdul Ghafur Hamid
International Islamic University Malaysia

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Appraising Child Custody Laws and Addressing Parental Child Abductions in Egypt: A Critical Analysis Abdalla Ahmed Abdrbou Emam Eldeib; Abdul Ghafur Hamid
Jurist-Diction Vol. 9 No. 3 (2026): Volume 9 No. 3, September 2026
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/jd.v9i3.96033

Abstract

Deeply ingrained in Islamic law, the Egyptian legal system offers a distinctive and difficult framework for handling child custody and parental abduction. Egyptian courts struggle with custody disputes involving interfaith couples or non-Muslim children, since rulings depend significantly on the child's religious identity, generating questions about fair treatment. Cross-border parental abduction is another serious problem, made worse by Egypt's refusal to ratify the Hague Abduction Convention. This article critically evaluates the sufficiency of Egyptian law and the judiciary in addressing interfaith custody and parental child abduction. It is doctrinal legal research supplemented by comparative and analytical methods. The article finds that the Egyptian laws on custody and parental abduction are inadequate for these problems, and that although the family court system promotes informal mediation, its application of the law is inconsistent. It concludes with reform recommendations balancing Islamic law with international standards, in the best interests of the child.