I agree that in all instances a person should consult the best most competent LOCAL lawyer s/he can find and pay for. The published information is often accurate but of necessity simplified, and generalized compared to an actual case, or it is time specific, ie could be out of date. Embassy officials are far from expert, and vary in competency on a given subject.

Poor legal advice is potentially devastating with long term repercussions, and in general it is wise to remember that in Muslim countries the laws applied are based on the person’s religion. This can be seen as being accomodating to minority members of the society, and yet it may have negative consequences for those who would prefer to be judged under a different law. That is one reason I advise anyone thinking of a “conversion of convenience”, or a “non-conversion of convenience” to think of all the legal implications, particularly around family law which is the most likely to be religion, not nationality, based. The other legal bottom line, or adage, would be that when in a country you are subject to ITS laws, even if you are in the country for a 1 hr stopover on your way to somewhere else–this is particularly true of criminal and civil law, eg. drug laws, societal codes of behaviour, etc.

Immigrants to Canada need to be especially aware of domestic violence laws, where police lay the charges not the spouse, or family; where it is very easy to find yourself investigated by Children’s Aid; and where there is no such thing as an honour killing or crime of passion, only degrees of murder and manslaughter, and perhaps mitigating circumstances on sentencing.

Medina–Shokran!

I had a friend (in another Gulf country) whose husband died, and the Embassy told her for sure that since she and her husband were American citizens, then his inheritance would be handled according to U.S. law, which would make it easy for her. When she got to court, the judge took one look at her, saw her hijab and said that since they were Muslim, it would be handled under Islamic law, which led to years of legal issues because of assets and businesses that would now be split among other relatives of her husband. (Since she’s Muslim, it’s right that islamic law be applied, but the wrong advice had her making a lot of decisions based on that assumption and then having to redo everything.)

to Gaza following 2008-9 offensive, pledged in USD:
Saudi Arabia 1,000,000,000
US 20,300,000 (emergency) up to 900,000,000 total
Kuwait 534,000,000
Algeria 200,000,000
UAE 91,300,000
Netherlands 4,000,000
Israel 1,000,000
Preliminary damage estimate 2,000,000,000

Aafke–all the statistics you have cited are the same OECD compiled ones based on their parametres of total, % of GNI, and effectiveness (measured mainly by transparency and accountability criteria), which assess member states contributions to the countries they consider eligible (based on country income).
In the sincere hope that you are preparing your Moroccan lemon chicken with green olives and citrons confits, bon apetit to your guests!

Abu Sinan and Aafke–aid is usually tied aid, which is one of the reasons for aid reform. It is tied to economic strictures that ultimately indebt irremediably the receiving countries, or to trade exchanges, or to ideological acceptances, or military access, or political alliances etc.

Aafke–I fail to see the contradictio in terminis in Medina’s logic, or even the literary equivalent, an oxymoron.

Medina–I agree that 80/180 shows room for improvement but is well above the most corrupt which include those with the greatest social disruption due to war: Iraq, Afghanistan, Somalia.

Re: codification of Saudi law
Human Rights Watch has published online an excellent overview of the Saudi legal system, the gaps, the fact that judges are not yet familiar with procedure, and citizens are advised to know their rights and demand them since they won’t be spontaneously informed. It also outlines systemic deficiencies including torture etc. Part I is a history of the codification of laws, the legal system, the oversight of the legal profession etc. The Title is “Precarious Justice” written March 24, 2008 with the collaboration of Saudi defendants, lawyers, judges, and the MOI.

The problem with individual cases, based on personal experience, is that they may well deviate from codified law, for a variety of reasons, including the individual merits of the specific case, the competencies of the lawyers involved, the biases of a particular judge, or particular court circuit, differences over time and place in societal attitudes, and of course wasta in whatever form.

I highly recommend Transparency International’s various corruption indices which show surprisingly high levels for non-MENA countries, especially certain Eastern European ones, and of course war-torn ones, where corruption always flourishes.

American Bedu–I have left another comment with links as requested, and relevent to the discussion here on child custody.

Munaqabah–I drew the information on Kuwait from a number of sources including:
From a Kuwaiti Lawyer:
http://www.helplinelaw.com/law/kuwait/articles/labeed%20abdal/article3.php
From an international legal series by Emory University’s Faculty of Law:
http://www.law.emory.edu/ifl/legal/kuwait.htm
From the analysis and statistics about gender equality in Kuwait, compiled by the OECD Development Centre which refuses to allow me to link it !

In general the following is an interesting article by a Muslim scholar (PhD) of Islamic Law containing an overview of Islamic family law and the Hague Convention (general principles and examples):
http://elgeed.net/pdf/Islamic_Law_and_International_Parental_Child_Abduction_.pdf
In light of the discussion in this thread on grandmothers there is an interesting stipulation that as women are regarded in Islam as being the nurturers of young children, where the custody of young children is granted to the father there must be a woman present to do that nurturing while he fulfils his Islamic obligation as the provider.

I have in the past done my own considerable research on the Hague Convention and child abduction laws which reflect back to child custody laws and Sharia Family Law, for professional (clinical and research) reasons. Most people don’t abduct their children but those who do face legal consequences in countries signed onto the Hague Convention, and sometimes in other countries.

However Muslim countries determine custody primarily by the religion of the father, the age and the gender of the child and therefore haven’t signed the Hague Convention, and won’t necessarily (but sometimes do) honour foreign custody agreements. All Muslim countries that I am aware of have laws about a mother exiting the country with her children without the father’s permission (although he may sign a blanket permission), and some prevent the father from doing so as well. All want reassurance that the mother is fit (including religiously) before granting her children of any age. Young children may be granted to a father where his mother seems a more fit mother than the biological mother.

If you reread your own comment I think that you will see that what I have said doesn’t contradict your case examples. Mothers may participate in decisions re: schooling etc, but the fathers also have a say (and usually control the finances). Fathers have the right to petition the courts for physical custody but may choose not to do so. Children at adolescence have a right to state preferences which may or may not be granted by the judge.

So you’re going to say something like that but not back it up with any numbers?

Munaqaba, I’m not gong to google sites and numbers for you which you can find for yourself.
As far as I remember the Netherlands alone give more money to help Palestinians, the Gaza-strip, and gave several times more money as KSA to the muslim,/em> countires who were stricken by the great tsunami.

The reasons countries like KSA arent’on the lists is becasue they do give out a lot of hullaballo but in reality don’t spend an quarter per head what people like the Dutch, Swedes, Germans and Danes give, also to muslims countries. Countries which actually work for their money, and not get it thrown at them in exchange for oil.

The reason why countries like USA and Britain and Saudi aren’t nominated when effectiveness of aid is included, and that is because their ”aid” is spiced with self interest.
And saudi will never be on any positive list as far as their ”Aid” consists of supporting the Taliban and spreading their creepy salafi/hanbali/wahhabbi sect. That is not doing any good to anybody or ”helping” anybody anywhere.

Middle east is ALL about who you know and how much they want…nothing else.

I, personally, dont doubt Saudi gives a lot. But I also feel that what they give tends to have things attatched to it. With the aid also comes their preachers and the religious materials calling to an ultra strict Salafi understanding of Islam.

In many places that have gotten a lot of Saudi money this radical Salafi teaching has caused major issues in the local society and often times, as in places like Afghanistan and Pakistan, fueled the flames of violent conflict.

If someone wants to give money, feel free, just dont send the BS with it. This goes for Saudi and the US and other places that would like to connect political and or religious values with putting food in people’s mouths and clothes on their back.