Muslim Women's Claims to Refugee Status within the Context of Child Custody Upon Divorce Under Islamic Law

International Journal of Refugee Law, Vol. 22, No. 1, pp. 48-71, 2010

Posted: 30 Mar 2010  

Ekaterina Yahyaoui Krivenko

Irish Centre for Human Rights

Date Written: February 26, 2010

Abstract

This article analyses case law from the UK, New Zealand, and Canada relating to claims for recognition of refugee status presented by divorced Muslim women, revolving around the issue of child custody after divorce under conservative Islamic law, which deprives women of any meaningful relationship with their children. The negative attitude of the UK authorities is compared to the open and positive approach of decision makers in New Zealand and Canada. The use and interpretation of aspects of the refugee definition, such as persecution, particular social group and the standard of state protection, are analyzed in more detail. The article argues that, in order to adequately evaluate this type of claim, decision makers should take into account all aspects of a woman's experiences including the consequences of the decision on their children.

Keywords: Refugee, gender related persecution, child custody, divorce, Islamic law

Suggested Citation

Yahyaoui Krivenko, Ekaterina, Muslim Women's Claims to Refugee Status within the Context of Child Custody Upon Divorce Under Islamic Law (February 26, 2010). International Journal of Refugee Law, Vol. 22, No. 1, pp. 48-71, 2010. Available at SSRN: https://ssrn.com/abstract=1578491

Ekaterina Yahyaoui Krivenko (Contact Author)

Irish Centre for Human Rights ( email )

Irish Centre for Human Rights
NUI Galway
Galway
Ireland

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