The Concept, Nature And Place Of Guardianship In Shariʻa And Family Law In Bosnia Cover Image

Koncept, priroda i mjesto ustanove starateljstva u šerijatskom pravu i porodičnom pravu Bosne i Hercegovine
The Concept, Nature And Place Of Guardianship In Shariʻa And Family Law In Bosnia

Author(s): Nedim Begović
Subject(s): Civil Law, Family and social welfare, Sharia Law
Published by: Fakultet islamskih nauka u Sarajevu
Keywords: guardianship; parent; guardian; ward; Shariʻa law; family law in Bosnia-Herzegovina;

Summary/Abstract: The author compares institution of guardianship in Shariʻa law and in family law in Bosnia-Herzegovina. He analyses terminological and conceptual definition of guardianship, purpose of guardianship, relation between parental care and care by guardianship, the place of guardianship law in legal system and classification of guardianship in relation to the persons who are offered protection and the tasks which the guardian has in carrying out his duties. The conclusion is that the two legal systems are compatible when it comes to terminological definition and theoretical reasoning behind the purpose of guardianship and its classification. Differences arise regarding the range of guardianship care, the position of parents in relation to the institution of guardianship, the character of guardianship, and its place within the legal system.

  • Issue Year: 2016
  • Issue No: 20
  • Page Range: 95-108
  • Page Count: 14
  • Language: Bosnian