ABSTRACT
In the German literature the two-step approach and the date theory address this issue. The codes of several countries include norms which require the authorities to pay due heed in their actions to religion, ethnic origin, cultural background and language, examples in areas relating to children being the Children Act in the England and the Code de Procedure Civile in France. The interpretation of substantive law is open to evaluations of foreign law as well as to expectations, cultural practices and cultural understandings. The greatest potential for consideration of culturally determined value systems undoubtedly arises by applying the maxim of the child's best interests, a principle also firmly established in international law. Child-custody decisions in family law in Europe are directed by considerations of the best interests of the child, and these must also include consideration of the cultural context. Adoption is unknown in Islamic law, and is indeed forbidden by the Qur'an, a prohibition which European legislators heed.
