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The Islamic Principle of <i>Kafala</i> as Applied to Migrant Workers: Traditional Continuity and Reform

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submitted on 2025-07-20, 09:54 and posted on 2025-07-22, 05:27 authored by Ray Jureidini, Said Fares Hassan
<p dir="ltr">The paper is an attempt to identify the continuities and discontinuities between the religious Islamic notion and practice of kafala (<i>kafāla</i>) and its contemporary application—with specific reference to the Gulf States where it has been most prominently legislated and practiced. While much research has been undertaken, mostly critical of the kafala as a system of oppression and exploitation of migrant labour in the GCC, there seems to be a consensus that there is no relationship at all between the traditional Islamic concept of <i>kafala</i> and its current application. In other words, it is argued that there is no evidence of a “genealogy” that links the Islamic jurisprudence of kafala to its contemporary forms (Franz 2011, 98).</p><h2>Other Information</h2><p dir="ltr">Published in: Migration and Islamic Ethics<br>License: <a href="https://creativecommons.org/licenses/by-nc/4.0" target="_blank">https://creativecommons.org/licenses/by-nc/4.0</a><br>See chapter on publisher's website: <a href="https://dx.doi.org/10.1163/9789004417342_007" target="_blank">https://dx.doi.org/10.1163/9789004417342_007</a></p>

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    ISBN - Is published in Migration and Islamic Ethics : Issues of Residence, Naturalization and Citizenship (urn:isbn:978-90-04-41734-2)
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Language

  • English

Publisher

Brill

Publication Year

  • 2019

License statement

This Item is licensed under the Creative Commons Attribution-NonCommercial 4.0 International License

Institution affiliated with

  • Hamad Bin Khalifa University
  • College of Islamic Studies - HBKU
  • Research Center for Islamic Legislation and Ethics - CIS

Geographic coverage

Gulf Cooperation Council (GCC) countries

Related Publications

Jureidni, R., Hassan, SF (2019). Migration and Islamic Ethics. https://10.1163/9789004417342