EU, EU MS and ENPI South Partners Cross-border Regulations and Cross-

border Family conflicts Rome, 18-20 November 2014

Gloria Esteban de la RosaChief 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?

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

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

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?

Conclusions

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