The Concept of Kafalat Al-Yateem and Its Application on Children with Unknown Parents in Saudi Arabia

Abstract

Kafalat alyateem is a significant Islamic law concept that emphasizes caring for orphans by providing them with financial and educational support. This study investigates the concept of Kafalah in Sharīʿah law and its practical application to orphans with unknown parents, focusing on home-based kafalah in Saudi Arabia. Although contemporary Saudi families have been reluctant to take in orphaned children with unknown parents, home-based kafalah is a more common practice among Saudi families than initially expected. The study uses a mixed-methods approach: legal doctrinal analysis, and qualitative grounded theory methodologies, to understand the challenges of implementing home-based kafalah for children with unknown parents in Saudi Arabia. The legal doctrinal analysis examines the legal frameworks governing kafalah in Saudi Arabia. At the same time, the qualitative component uses grounded theory and intensive interviewing to investigate Saudi families' attitudes toward home-based kafalah. The goal is to provide a comprehensive understanding of the challenges in implementing home-based kafalah for this specific group of children in Saudi Arabia.

The study found that home kafalah is predominantly female-driven, and the foster mother assumes full responsibility for the child's care. However, legal constraints, social prejudices, and racial biases are significant factors that impact the practice of home-based kafalah in Saudi Arabia. The study results highlight that the primary legal constraint of home-based kafalah for orphans of unknown parentage is the Mahramiyah limitations, which affect the dynamic of the relationship between the foster family and the orphan when it reaches the age of puberty. Another legal impediment to home-based Kafalah for orphans with unknown parentage is the condition of breastfeeding the orphan by the foster family (Redhaa'). Social stigmas attached to orphans of unknown parentage also represent a significant challenge, leading to cases of rejection by extended family and society. The study findings shed light on the complex and interrelated legal, social, and cultural factors that impact the practice of home-based kafalah for children of unknown parents in Saudi Arabia.