La "Kafala" islámica en España

Abstract

Kafala is a very complex institution with a significant multifunctional nature and a considerable religious component. For these reasons a total assimilation of the kafala with Spanish legal institutions is extremely difficult and the attempt of International private Law seeking continuity in cross-border legal relationships is highly complicated. Replacing the kafala by a protection measure for minors from our own legal system, such as adoption, foster care o guardianship, results in an unjustified artificial metamorphosis of the kafala. Once the Kafala is recognized in Spain it should be able to produce all the effects it has in the foreign law of origin attending to each particular case. That is, considering the content of the constitution of the kafala a functional equalization with the institution of Spanish law suitable to guarantee the corresponding effect will take place.