Kafala system islam example. ), Turin, Giappichelli, 2012, p.

Kafala system islam example The authorized entity may be the government or one of its institutions, a registered company, or an individual, typically, a Mar 14, 2021 · Saudi Arabia has one of the most abusive versions of the kafala system in the region, and the reforms are limited, problematic, and by no means dismantle the kafala system. The sponsorship system essentially renders the migrant to be dependent entirely on Apr 28, 2017 · The Islamic tradition of child sponsorship or guardianship, called kafala, is a long-held child care practice throughout Islamic countries and societies and is consistent with Sharī’a law (Kutty 2015; Winter & Williams 2002). It was one of the first countries to effectively dismantle the controversial kafala Jan 30, 2020 · Kafala System in Muslim Law garima. 11 9. Second, it examines kafala under international law. Over the years, the international focus and discourse on slavery have concentrated on the Middle East, which today is a volatile breeding ground for Jun 21, 2022 · 2 Sunni Islam is majorly influenced by the four schools of Islamic thought and Jurisprudence which are Malīkī, Shāfī, Hanafī and Hanbalī. While it is designed to supply booming economies with cheap labour, basic principles of labour and human rights Sep 3, 2021 · The Kafala system—a legal approach that many Middle Eastern countries have agreed on—occupies a large portion of the news. So, within the kafala system, underneath an Islamic hegemony often more concerned with keeping the Mar 14, 2021 · Foreign workers in Saudi Arabia are now able to switch jobs without their employers’ permission after the long-awaited labour reforms in the Gulf region’s most populous country went into effect. Although the kafala has roots in both law and Discussion on Monetary Policy in an Islamic Economy . Oct 23, 2021 · Is the Kafala system an example of modern-day slavery? Feb 10, 2023 · The kafala system, at its simplest, is a sponsorship system which mandates that migrants hoping to reside or work in the concerned countries must be sponsored by an authorized entity who can be held responsible for the former’s life in the country. The Kafala System from the Perspective of Islamic Law. 3 Majed Alzahrani, “The System of Kafala and the Rights of Migrant Workers in GCC Countries- With Specific Reference to Saudi Arabia” [2014] 16(2) European Journal of Law Reform. ” Today it's a tool of extreme exploitation and oppression. The kafala is the system of migrant sponsorship prevalent across the countries of the Middle East. Kafala means ‘to guarantee’ or ‘to take care of’ in Arabic. Feb 20, 2024 · Kafala System, Saudi Arabia, GCC, migrant worker rights, migrant domestic workers, female domestic workers, anti-trafficking, labour exploitation, migration reform, Islam and gender, Islam and slavery, gender and slavery, access to justice Kafala is an Islamic guardianship system, similar to adoption but without changing the child's name or inheritance rights. ), Aldershot, Ashgate and Dartmouth, 2000; The Kafala System as Racialized Servitude. This article discusses the shift in the value of kafala in the Middle East because there has been a gap between kafala in Islamic Sharia and its practice in Saudi Arabia, Bahrain, Qatar, and the Arab Emirates. As is well known to both scholars of the Middle East and readers of global news, migrant labor in Jordan, Lebanon, and most of the Arabic Mar 12, 2024 · 3. 4 Testimonies 33 4. 2 Practices under Kafala system in Lebanon 27 3. ; July 15, 2015, Barry Meier, Labor Scrutiny for FIFA as a World Cup Rises in Nov 4, 2020 · Rights groups say the current "kafala" (sponsorship) system leaves workers vulnerable to abuse and exploitation. It is found in the Gulf Cooperation Council (GCC) What is the kafala system? The kafala system is a set of laws and policies that delegate responsibility for migrant workers to employers, including control over their ability to enter, In Islamic family law “kafala” refers to a formal agreement to provide temporary support for an orphaned child until adulthood. × While the kafala system provides individual and corporate sponsors with both near-exclusive power and legal responsibility for their employees, a range of informal practices has emerged, among them is the so-called 'free visa'. FERRARI, A. In 705 Arabic was imposed by an edict as the administrative language of Egypt, which explains the decline of Coptic. In Qatar, the practice dates back to the early 20th century, when kafala Jun 1, 2017 · The Care of Orphaned and Vulnerable Children in Islam: Exploring Kafala with Muslim Social Work Practice with Unaccompanied Refugee Minors in the United States Dec 23, 2024 · The Kafala system (sometimes spelled Kefala) is a structure which lays out the relationship between migrant workers and their employers in host countries. Discussion on Risk-Bearing & Profit-Sharing in an Islamic Framework. They still remain at Tier 2 today. docx - Free download as Word Doc (. The Kafala System in Saudi Arabia as a Form of Modern Slavery. Millions of domestic workers and other workers are excluded from these reforms, leaving them entirely at their employers’ mercy. ISLAMIC & NEAR E. The law allows the lenders to demand some sort of security for the loan in the cases where the borrower fail to repay the loan. 5 days ago · Examples of in a sentence. Aug 4, 2023 · Adoption in Islam & Kafala System Kashif Ali 04/08/2023 in Article , Blog - 8 Minutes When examining adoption from an Islamic perspective, it is important to distinguish between the idea of aiding orphans and Nov 27, 2022 · The kafala, or sponsorship system, is widely practiced throughout the Persian Gulf region, and some neighboring countries. . These individuals are not only subject to the kafala system, where their visa is strictly tied to their employer, but they are excluded from the protections accorded to other workers (both Saudi and non-Saudi) under Feb 27, 2019 · 29 This was the case, for example, with the Ali Shirazis of the Orakzai tribes, who also had to offer individuals and their holdings as sureties to the British both in 1858 and 1870. 1 Pushing for reforms in the region 36 renewal or papers or false reporting to the police for example, from the employer can serve as a means for obedience under certain conditions. The word kafala traces back to Islamic jurisprudence on legal guardianship and other matters. Noun kafala (uncountable) A form of Islamic adoption in which the child is not regarded as a true child of the adoptive parentsA sponsorship system in the Middle East, used to monitor migrant labourers, mostly in the construction and domestic sectors. For example, during the peak of the Covid-19 Dec 21, 2020 · As the Kafala system continues, Lebanon has received international backlash, notably from the United States in the early 2000s when they deemed Lebanon Tier 2 in terms of human trafficking. Discussion on the Elimination of Interest from Economic & Finance System. L. The Kafala System and Human Rights Abuses. For example, remittances sent from Bangladeshi The kafala, also referred to as the sponsorship system, is the region-wide system for governing and regulating migration. Such support does not confer inheritance rights and is best Mar 11, 2015 · Kafala was "supposed to be a good system that makes it incumbent upon nationals to look after non-nationals. Indeed, throughout Jordan, Lebanon, and all the Gulf Arab states, a system for migrant labor called kafala has been [] 58 The Kafala System as One of the First Instruments Jurisdictie: Jurnal Hukum dan Syariah Vol. The practice continued well into the twentieth century. “Kafala” is an Islamic jurisprudence concept. PANELLA, E. 2. One author, for example, considers contemporary practice of kafala as an “insult to Islam. Despite the popular appeal of the Kafala system and claims that it benefits the workers and their families abroad by giving them the possibility to earn an income, comparisons could be drawn between the practice and slavery. The word kafala is the noun form of the root word k-f-l, which connotes three sets of meanings: to feed or support, to provide bail or guarantee, and to sponsor or be the legal guardian (Longva Citation 1997). The paper first introduces it by referring to the precepts of Islam, the forms it can take and the manner of its practice and regulation in various Muslim nations. For example, according to a United Nations report, over 90 percent of workers in Qatar are migrants whose work visas and Jun 3, 2016 · Islamic legal systems sarparasti (Iran) and damm (Iraq) Kafala is a child protection measure recognised in article 20 of the Convention on the Rights of functioning kafala systems, for example clear procedures regarding evaluation and follow-up mechanisms to For example, Stilt and Gandhavadi (2011) discuss legal reforms and Muslim family life, including briefly touching upon kafala within Moroccan law, without evidence of actual practices at the family system level. 155 (2023) Because Saudi Arabia defines itself as an Islamic state, with a judicial system based on sharia (Islamic law),11 this Comment provides an Islamic legal analysis of its use of the kafala system with migrant domestic workers, and pro- poses sharia-compliant reforms. When reading about conditions of migrant Kafalah is an Arabic word for responsibility, amenability or suretyship. For example, in the United Arab Emirates (UAE), for those Jul 2, 2020 · The Kafala system is an unjust system that holds in its grip upwards of 250,000 migrant domestic workers in Lebanon 1, rendering them powerless to defend themselves against their employer and reducing their state to the extremes of a modern form of slavery. It comprises legal codes across several independent jurisdictions, cultural practices and soft Sep 14, 2020 · systems of a large number of Islamic countries. The system is only applicable in the following countries: Bahrain, Kuwait, Oman, Qatar, Saudi Arabia and the United Arab Emirates, and also in the Arab states Kafalah is the guarantee for a loan and all loans must be repaid in due course according to Islamic law. It often refers to an act of someone adding himself to another person, and making himself liable to perform the responsibility, together with the person. Sep 17, 2023 · In the Middle East, much of this is associated with the kafala system, which governs contracting of foreign laborers in many countries. Fahad L. Ibn Al-Qudamah 94 Jureidini & Hassan Kafala thus originally refers to a contract where a guarantor conjoins a guaranteed person (makfūl) and assumes liability for that person in various specified terms. This can be to guarantee the payment of the guaranteed person’s financial liability (kafala bi-al-māl Nov 6, 2019 · The research focuses on the example of Sri Lankan domestic workers to illuminate workers' experiences of the kafala system and analyse the links between migration policies, guest worker programmes 94 Jureidini & Hassan Kafala thus originally refers to a contract where a guarantor conjoins a guaranteed person (makfūl) and assumes liability for that person in various specified terms. The Kafala System is an oppressive system that controls unskilled migrant workers in the Arab states, most of them being women from Africa and South Asia. The kafala system has for nearly a century generated profit off of the bruised and bloodied backs of people daring to pursue opportunity away from In Islam, the kafala serves a noble purpose: it ensures that less well-off people are financially secure in the face of legal issues. From 1973, the flow of workers from Thailand to the GCC increased significantly every year, growing from just a handful to 105,016 between 1973 and 1982. Due to this, there is a mismatch in the power dynamic between an employer and employee, where the latter is always vulnerable, and the former holds the authority. 3 The Lebanese current context in regards of Kafala 31 3. This document discusses adoption under Islamic law. Instead, there is a system called kafala Oct 21, 2015 · The features of these cases suggest that they are inextricably linked to migrant workers’ dependency under the kafala system, with examples of migrants duped into smuggling drugs across the Oct 1, 2024 · “Variations of the kafala system exist in Jordan, Lebanon, and the GCC countries — Bahrain, Kuwait, Oman, Qatar, 7 Saudi Arabia, and the UAE. Third, it investigates the status of kafala under Indian law and fourth, suggests some measures to remedy the deficiencies in India. This is helpful to understand because it reveals the initial motivations behind the Kafala System: to establish control over migrant worker bodies when faced with a weak state kafala (English)Origin & history From Arabic. Recently, multiple organizations such as the Human Rights Watch and Amnesty International attempted to shed light on the Nov 19, 2024 · della kafala e la tutela dei lavoratori migranti nella penisola arabica, in Studi in onore di Claudio Zanghì, L. . This section of papers includes country and policy examples of the use of adoption and guidance on The Islamic Principle of Kafala as Applied to Migrant Workers: Traditional Continuity and Reform. ”10 However, the first signs of the concept of kafala can be traced back to Islamic law: “Kafala thus originally refers to a contract where a The focus of this paper is on migrants in an irregular situation and on the strategies used by migrant workers and employers to circumvent or subvert the restrictions of the kafala system in the Arab Gulf States. doc / . It has been in place since the 1950s. Dec 20, 2024 · Migrant workers in Lebanon, of which the vast majority are women, have been made destitute by Israel’s bombardment. 9” “In classical Arabic, the term kafala referred to relationships between an authority Kafala System is a sponsorship system that regulates the relationship between the employers and the migrant workers in West Asian countries. Kafala is meant to provide an assurance of the fulfillment of an obligation of the guaranteed person. Download free notes PDF Feb 28, 2021 · Kafala Sponsorship Reforms in Saudi Arabia: Converging Toward International Labor Standards Dr. Aug 19, 2022 · Speaking on Al-Jazeera, Aya Mazjoub of Human Rights Watch explained that these instances of abuse aren’t just “a few bad apples”, but instead shed light on the fact that the kafala system is extremely abusive in of itself. Alghalib Alsharif Senior Resident Research Fellow, King Faisal Center for Research and Islamic Studies February, 2021 In recent decades, the Gulf states’ kafala(1) sponsorship system (henceforth “kafala”) has been 4 kafala system. While much research has been undertaken, mostly critical of the kafala as a system of Mar 23, 2023 · 158 20 UCLA J. Although many countries use this system, their reasoning and problems with it are slightly different from country to country. 15248. WAYS FORWARD 36 4. Oct 31, 2024 · (2019). 15361. txt) or read online for free. The largest share of Thai workers went to Saudi Arabia. Collectively, the Arab States region is home to more than 24 million migrant workers, 8 comprising over 40 per cent of the labour force. The framework defines the binding relationship between the migrant employee and their employer. As this form of kafala falls outside the sphere of family law, it will not be considered here. Saudi Arabia 2018 International Religious Freedom Report. 4 The term “Islamic law” refers to two related, yet distinct concepts, which are often conflated Author(s): Truluck, Emilia | Abstract: Saudi Arabia is home to thousands of migrant domestic workers who cook, clean, and provide child-care in private homes. On the other hand, investigating the technical usage and application of the classical Islamic kafala system, it is clear that an essential element Apr 4, 2018 · The kafala, also referred to as the sponsorship system, is the region-wide system for governing and regulating migration . 1 Tahun 2023 picture of Islam. The 2022 FIFA World Cup, hosted in Qatar, has shed light on migrant rights and labour conditions in the Gulf. This Comment is divided into four major Parts: We also attempt to explain the Kafala system of sponsorship, its mechanism, and how migrant laborers like the protagonist of Benyamin’s Goat Days, Najeeb Muhammad, become victims in such a system. • United States Department of State. 14 No. View article. Dec 26, 2022 · The Kafala System makes it the employer's responsibility to maintain the legal status and visa of foreign employees, which limits many facets of an employee's mobility. The kafil system was Dec 15, 2019 · This thesis studies the vulnerable situation of Syrian refugees in Syria’s neighbouring countries; Turkey, Jordan, Lebanon and Iraq, which host the majority of the global Syrian refugees. ), Turin, Giappichelli, 2012, p. The kafala system is a legal framework defining the relationship between migrant workers and their employers that is widespread in the Middle East. May 27, 2024 · Summary The United Arab Emirates is the country with the highest proportion of international migrants in the world. pdf), Text File (. Embrace the knowledge offered and pure kafala system. Apr 28, 2021 · The sixth issue of the series addresses the kafala system in Lebanon. Sumayya Kassamali, University of Toronto . It notes that adoption is allowed in Islam but the adopted child does not become the natural child of the adoptive parents. The word Kafala in Arabic has various Apr 24, 2019 · All migrant domestic workers are excluded from the Lebanese Labour Law and are governed instead by the kafala system, which ties the legal residency of the worker to the contractual relationship with the employer. While the construction of the tournament’s infrastructure has been associated with wage theft, injury and death, Qatar has been quick to highlight its reforms. The paper is an attempt to identify the continuities and discontinuities between the religious Islamic notion and Sep 30, 2016 · Purpose ‐ The purpose of this paper is to examine the current legal framework for payment system in international Islamic trade finance vis-à-vis the new regime introduced by the Uniform Oct 10, 2024 · The kafala system is known as a system of legally managing migrant labor in the Gulf Cooperation Council (GCC) (union of Arab states bordering the Gulf) These states employ and monitor migrant workers who work in the public and private sectors of the economy. 12 As a general rule, under Islamic law, kafala may be provided by an adult Islamic couple, or an Islamic woman, who are morally and socially capable of caring for the child. However, many Western social workers are unaware of the practice and obligations; the concept is largely unexplored in the social work literature, with Aug 26, 2017 · out empirical evidence of actual practices in different Islamic societies. Know which countries have the Kafala System and how it works. This can be to guarantee the payment of the guaranteed person’s financial liability (kafala bi-al-māl There is a considerable degree of criticism of the contemporary use of kafala. Labor and Employment Sec. Labour migration in the kingdom is governed by a restrictive and abusive system, named kafala, that causes numerous and well-documented abuses. Feb 27, 2018 · Kafala is a labor migration management system used by the Gulf Cooperation Council (GCC) States since the 1950s. Jan 23, 2023 · Introduction. Bureau of Democracy, Human Rights, and Labor. REFERENCES RECOMMENDATIONS The Kafala System . Discussion on the Objectives of Fiscal Policy in an Islamic State. It is a kafala-cum-ijāra (sponsorship-cum-hiring) system, and in this sense the kafala-makfūl relationship has been reversed where the makfūl guarantees the fulfillment of a What is the kafala system? The kafala, or sponsorship, system defines the relationship between foreign workers and their local sponsor, or kafeel, which is usually their employer. 9 While the kafala system provides individual and corporate sponsors with extensive power and legal responsibility for their employees Feb 3, 2021 · The kafala. There are multiple theories on the origin of the Persecution took place, for example under the Fatimid ruler al-Hakim (996-1021) or under the Mamluks (in 1300-1320 and 1419). For example, Stilt and Gandhavadi (2011) discuss legal reforms and Muslim family life, including briefly touching upon kafala within Moroccan law, without evidence of actual practices at the family system level. Discussion on the Foundations of Taxation Policy. Stemming from principles on how states should provide hospitality for foreign guests, Kafala is the key institution defining the rights of the two main parties: the sponsor or employer and the foreign sponsored migrant or employee. BusinessMirror SL women detained for months in Saudi Arabia due to abusive kafala system: AI Their plight is a stark illustration of how domestic workers remain caught up in the inherently abusive kafala (sponsorship) system Apr 4, 2018 · Critics largely blame the Islamic kafala custom, widely practiced in the region despite its unofficial nature. One activist described the reforms as significant, but cautioned that parts of the What is the kafala system? The kafala, or sponsorship, system defines the relationship between foreign workers and their local sponsor, or kafeel, which is usually their employer. Recognising that a legal vacuum Sep 14, 2023 · The Islamic tradition of child sponsorship or guardianship, called kafala, is a long-held child care practice throughout Islamic countries and socie ties and is consistent with Sharī’a Jun 30, 2021 · For decades the Kafala system has been seen as encouraging the abuse of migrant workers and there have been increasing calls for its reform. On the usual meaning of kafala cf. That employer, also known as a kafeel, is responsible for the worker’s legal status an Nov 6, 2019 · This paper suggests that the new forms of kafala, if to be examined from an Islamic perspective, is perhaps better discussed not as a kafala per se, but as a kafala-cum-ijāra May 9, 2011 · Learn about the diverse branches and rulings associated with Kafaalah, enriched by scholarly perspectives found in Islamic jurisprudence. Many scholars compare the kafala system to a slavery system with the way in Jan 22, 2022 · THE KAFALA SYSTEM AS AN EXAMPLE OF MODERN SLAVERY. 13140/RG. United States Department of State, 2018. 94 Jureidini & Hassan Kafala thus originally refers to a contract where a guarantor conjoins a guaranteed person (makfūl) and assumes liability for that person in various specified terms. Meanwhile, Ahmad Iftikar’s writings discussed the kafala system, a negative rule that significantly benefits the sponsor (Kafil). The system requires each worker to be sponsored by a citizen of the host country. 397 et seq. The Council on Foreign Relations’s Christina Bouri examines how the system works and explains why abuses are still continuing despite promises of reform. Jan 31, 2022 · Contracts under the Kafala system do not allow workers an alternative source of income, leaving them vulnerable to blackmail and violence if they choose to seek work outside the homes of their sponsors. 10. Filipinos and Oct 21, 2015 · This article will provide an overview of such accusations by the international community against the Kafala or sponsorship system, the sponsors’ defences, and new trends in the GCC States toward eliminating this system. SPATAFORA (eds. Moreover, there Jul 17, 2022 · For example, the Philippines suspended the deployment of domestic workers to Lebanon in March 2020 due to the deteriorating economic crisis. Yalla Kafala aims to streamline and clarify this process for Egyptian families, offering legal support and guidance. Dec 11, 2018 · The ‘kafala’ system is a system that lays down obligations in the treatment and protection of foreign ‘guests’. For this and many other examples, see: ‘A collection of treaties, engagements and sanads relating to India and neighbouring countries’, Feb 1, 2023 · As the eyes of the globe shifted towards Qatar during the 2022 World Cup, media reports focused on the working conditions and deaths of migrant workers building Qatar’s infrastructure and in the Middle East at large. Discussion on the Theory of Dec 10, 2024 · 3 The same term “kafala” is often used also in relating a system of sponsorship migrant workers, very common in the countries of the Arab Gulf. As for kafala itself, its basis is to be found in the Koran, in the many calls to support orphans. It is primarily used in nations in the Gulf Cooperation Council, or GCC. The Care of Orphaned and Vulnerable Children in Islam: Exploring Kafala with Implications for Social Work and Alternative Care Practice with Unaccompanied Refugee Minors in the United States However, the care principles remain the same, given the overarching value system of Islam. While the kafala system provides individual and corporate sponsors with both near-exclusive power and legal responsibility for their employees, a range of informal practices has emerged, among them is the so-called 'free visa'. Feb 4, 2023 · In Islamic jurisprudence, the word “kafala” means something akin to “sponsorship,” and is meant to describe a form of legal guardianship that resembles the caring act of adopting a child. In Jordan, for example, minimum wage for foreign workers is $210 Nov 6, 2019 · The paper is an attempt to identify the continuities and discontinuities between the religious Islamic notion and practice of kafala (kafāla) and its contemporary application—with specific reference to the Gulf States where it has been most prominently legislated and practiced. BRADNEY (ed. This briefing paper contextualizes the kafala system in the Gulf Cooperation Council (GCC) May 15, 2023 · After a survey on the essential features of the Islamic child foster care called kafala, the present Chapter investigates how domestic legal systems of Western States have dealt with it Aug 10, 2024 · Thus, the modern Kafala System is better described not as a continuity of Islamic kafala principles, but rather an extension of British colonial policy in the Middle East. 8 It is believed that this institution, also referred to visa sponsorship system, derives from the Bedouin ‘principles of hospitality’ of the 1950s,9 which “set obligations on the treatment and protection of foreign guests. If this The Islamic Principle of Kafala as Applied to Migrant Workers: Traditional Continuity and Reform . (OFWs) in countries still using the kafala system. ” (Kakande 2015, 15). Although the kafala has roots in both law and custom, in practice it consists of three basic features: it establishes that entry for the purposes of work requires a local sponsor; it establishes the sponsor’s responsibility for the sponsored migrant’s Nov 19, 2017 · 2 Sunni Islam is majorly influenced by the four schools of Islamic thought and Jurisprudence which are Malīkī, Shāfī, Hanafī and Hanbalī. Gaimani(2004)alsopro- Nov 15, 2024 · The Kafala system is not simply a visa framework, as seasonal worker permits in other countries are. International and local non-governmental organizations demand to this day the Aug 22, 2018 · The kafala system refers to an asymmetrical employer-employee arrangement which enables migrant workers to be ‘sponsored’ by individuals or companies to work overseas, most often in domestic or construction roles. Islam and European legal systems, S. [1] Sep 26, 2015 · In some Islamic countries, the term ‘Kafala’ in Islamic law is used to describe a situation similar to adoption, but without the severing of family ties, the transference of inheritance rights, or the change of the child’s family name. docx), PDF File (. This can be to guarantee the payment of the guaranteed person’s financial liability (kafala bi-al-māl The case of Thailand is a good example at the binational level. Unable to turn to employers, the state or their own embassies for help, they The case of Thailand is a good example at the binational level.