School of Law academic contributes expertise on Islamic Law and child protection at Malta V Conference
Dr Nazia Yaqub contributed her expertise on the intersections between Islamic law and international child protection at the fifth Malta Conference.
From 24-27 September 2024, the Government of Malta, in collaboration with the Permanent Bureau of the Hague Conference on Private International Law (HCCH), hosted the fifth Malta Conference (Malta V), bringing together experts from around the world to discuss critical issues in cross-border child protection.
The conference aimed to facilitate dialogue between countries with civil, common, and Shari’a law-based legal systems, exploring how Islamic law countries might accede to or implement Hague Conference treaties on private international law.
Among the invited experts was Dr Nazia Yaqub, lecturer at the School of Law. Nazia was invited to share her expertise and participate in discussions on the possibilities of Islamic law countries joining HCCH treaties related to child protection and parental abduction, contributing her insights and research on the intersections between Islamic law and international child protection mechanisms.
Engaging with international law and Islamic Law perspectives
The Malta V Conference was attended by over 130 representatives from HCCH member and non-member states, intergovernmental and non-governmental organizations. The goal was to foster cross-border cooperation and dialogue on family conflicts involving children, particularly those that traverse different legal systems. The conference focused on the 1980 Child Abduction, 1996 Child Protection, and 2007 Child Support Conventions, treaties that form the backbone of international cooperation in family law disputes.
Dr Yaqub’s participation included a presentation on her research findings, detailed in her monograph Parental Child Abduction to Islamic Law Countries: A Child Rights Analysis of the Legal Framework, published by Bloomsbury and her article on the use of electronic monitoring to reduce the risk of cross-border parental child abduction published in the Modern Law Review.
The Malta Process and the importance of cross-border cooperation
The conference was held within the context of the Malta Process, an HCCH initiative launched in 2004 to promote collaboration among countries with varying legal traditions – civil, common, and Islamic law – on complex trans-frontier family issues. The Malta Process facilitates a platform for constructive dialogue on international family conflicts, focusing on practical solutions that respect different legal and cultural frameworks.
Throughout the four-day event, delegates participated in interactive workshops designed to explore the difficulties faced in international child protection cases emphasising the necessity of robust cross-border cooperation. Nazia assisted in facilitating the workshops where states were each represented by their senior judiciary and department for consular affairs. Representing the UK was the Foreign Office, and Sir Andrew Moylan, Head of International Family Justice for England and Wales.
Outcomes and recommendations: the Malta V Declaration
The conference concluded with the unanimous adoption of the Malta V Declaration, which includes a set of conclusions and recommendations agreed upon by all participants. This declaration aims to reinforce international collaboration, promote the ratification of HCCH conventions, and provide guidance on aligning national and international laws to protect children’s rights effectively.
The last Malta Conference was held over eight years ago and as the only academic expert invited to share my research at the event, it was an important opportunity to highlight the implications of the existing legal framework directly to state representatives. The workshops provided further opportunity to engage in dialogue with states and these discussions will move forward as part of the HCCH Working Party on Mediation over the coming years.
For more information on the Malta V Conference and to read the full Malta V Declaration, please visit HCCH Malta V Declaration.
About Dr Nazia Yaqub
Dr Yaqub’s research interests span the fields of international human rights law, with a particular focus on family law and the rights of children. She has published and practised law in the areas of child rights, family law, famigraton, crimmigation, law and religion and international human rights law. She is part of the Centre for Law and Social Justice and the Centre for Criminal Justice Studies at the School of Law, University of Leeds.
