HABILITATION-PROJECTS

Dr. Susanne Nothhafft

The protection of women and children from domestic violence
- a challenge to paternalistic societies in transformation
e.g. Syria

-----------------------------------------------------------------------------------------------------------------------

PhD-PROJECTS

Patrick Brozzo

Marriage in Islamic and Jewish Law – A Contribution to the Inclusion of Cultural Diversity into Family Law

The theoretical part of the project deals with the forms of marriage in the Islamic and Jewish world from the perspective of the history of law, of comparative law as well as contemporary aspects, as well as the situation of marriage law in Germany, England, Spain, Israel, and Switzerland in relation to the respective forms of marriage. Studies on this matter were carried out for example in England and France. In the empirical part of the doctoral thesis project, it is examined to what extent members of both the Muslim and Jewish communities accept the Swiss laws on marriage and on concluding marriage. Furthermore, it will be examined what difficulties can arise when different beliefs and legal concepts regarding marriage and concluding marriage do clash. The qualitative study is supposed to give findings on the significance of religious laws for Muslims and Jews in Switzerland, in particular in relation to marriage.

Farnaz Forouzan

Comparative Study of Welayat-qahri (natural guardianship) in the Iranian, EU and Swiss law

The parental responsibilities, including Welayat-qahri (natural guardianship), or in other word, administration of the child's properties is one of the most important issues of children's rights. On the other hand, supporting children's rights has been considered by the Islamic law and mentioned by the international documents, like the UN Convention on the Rights of the Child 1989, and EU instruments. Therefore, the aim of this thesis is to examine comparatively the Welayat-qahri between the Iranian, EU and Swiss law, and to express possible legal revisions in the current laws. In this line, this thesis would include and study: a brief historical roots of the children's rights; the international legal instruments; the key concepts such as, the child, the parental responsibility, the best interest of the child, hezanat and welayat-qahri; with a special focus on the welayat-qahri and the eligible persons who have right of welayat (natural guardianship) over the child; and suggest reforms in the Civil Code of Iran relative to this point, with taking into consideration the sources and arguments accepted by the Islamic jurisprudence, in a logical and scientific manner; and end up with final suggestions and conclusion.

Shafiqul Hassan

Codification of the Muslim Divorce Law of India by the Application of Principles of Islamic Jurisprudence (A study to reform Muslim Divorce Law of India to combat violence against women)

On successful completion of this research, it may help making a positive change in the legislation of the Muslim Personal Law in the countries where the Muslim people are living. The research primarily concerns with the problems inherited by the existing Muslim Divorce Law of India, but it also relates to a number of sensitive socio-legal issues, common to each and every society of the present world. It will also become the guiding force for the researchers who intend to reform the Islamic Law.

Mohammad Hossein Tavana

The Role of Shari’a in International Commercial Arbitration