La aplicación del Derecho de familia islámico por las autoridades de los Estados parte de la UE

1. EU, EU MS and ENPI South Partners
Cross-border Regulations and Cross-border
Family conflicts
Rome, 18-20 November 2014
Gloria Esteban de la Rosa
Chief Professor of Private International Law
University of Jaén (Spain)
What is the current situation in the EU MS family law
concerning recognition of certain family institutions
of the ENPI SPC and their impact in cross-border
regulation? Special reference to kafala and family
reunification problems?

2. Islamic Family Law:
Personal Application
 Family Law is not
exempt from
religious influence
 I.e., the legal
period of
continence (given
by the Koran)
 Personal
application of
Islamic Law to
Muslims,
regardless of
whether or not
they hold another
nationality, whilst
residing in the
country of origin
but also overseas

3. Application of Family Islamic Law
in European countries
 Marriage: dowry
 Dissolution of Marriage: talad and tatliq
 Revocable and irrevocable dissolution of Marriage
 Hadana and Wilaya
 Kafala
 Family Reunification Questions

4. Private International Law
 It must promote the continuity of
the family relations of people who
migrate in their foreign place of origin
 And, it is to serve as a
"communication channel" between
legislations
 Public Policy?

5. Conclusions
 The legal-family situation of
immigrants in Europe cannot be
treated mechanically; rather,
cultural aspects must also be
taken into consideration

6. Conclusions
 The legal-family situation of
immigrants in Europe cannot be
treated mechanically; rather,
cultural aspects must also be
taken into consideration