“Kafalah” instead of adoption in Islamic states

MOROCCO, EGYPT AND THE UNITED ARAB EMIRATES: FAMILY LAW

2018

Andrea BÜCHLER and Eveline SCHNEIDER KAYASSEH, «Fostering and Adoption in Islamic Law – Under Consideration of the Laws of Morocco, Egypt, and the United Arab Emirates», Electronic Journal of Islamic and Middle Eastern Law, vol. 6 (2018), S.31-55.

The authors of this article explain that adoption is prohibited in most Muslim-majority states; however, through Kafalah arrangements concluded with the authorities, some couples or single persons commit to take care of a child without generating a legal parent-child relationship with this child (“Kafalah” means “take care”). The possible ways to establish filiation under Islamic law, the effects of filiation and the consequences of a lack of filiation are first explained (p. 32-35). The historical origins of the prohibition of adoption and the alternatives to this prohibition (so called “informal adoptions” using legal ruses) are also exposed (p. 35-40). The authors then explain the common features of Kafalah arrangements (p. 40-42) and describe the situation in Morocco, in Egypt and in the United Arab Emirates. For each of these countries, they explain how filiation can be established and describe the prerequisites, the effects and the causes for termination of Kafalah arrangements (p. 42-53). Finally, they identify the common characteristics of the three countries examined and conclude with final remarks (p. 53-54).
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