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IUGJEPS
Vol , No , , pp -
ISSN 2616-2148
223
IUG Journal of Sharia and Law Studies (Islamic University of Gaza) / CC BY 4.0
29820182392018
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Issues related to child fundamental rights in the Alternative Family
(Legal and Islamic Jurisprudence prospective Study on the Alternative Family in the State of Kuwait)
Abstract:
The purpose of this research is to explain the concept of the alternative family to the child and the provisions
concerning the fundamental rights of the child.
There are two major divisions in this research both of the divisions are dealing with the meaning of the child in
Shari'a and the law, trying to do a comparison in regard with different types of alternative care, with a special
clarification for the concept of the alternative family from the islamic jurists angle by listing the relevant laws and
stating the corresponding opinions of the Islamic jurists.
It is to be noted that there are differences between the law and the Shari'a in the definition of the child, noting
the similarity of some jurisprudential opinions in some cases with the law, Also I tried to present the (alternative
family system) as a real guarantee for orphans and the other similar cases like illegitimate-children, and those
their families were unable to provide care for them. and the first of these rights is the right of g etting a family
social connection, and then i showed the provisions of some basic rights within the alternative family, including
the right (to descent, name, nationality, breastfeeding and certification of embrace).
The conclusion is that there is a consensus between the law and the Sharia in the particulars of those rights,
which shows the laws of the State of Kuwait go a long with the Islamic law in a non-contradictory situation.
Keywords: (comparative jurisprudence, child alternative care, alternative family, basic rights)
IUG Journal of Sharia and Law Studies (Islamic University of Gaza) / CC BY 4.0
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