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THE ADOPTION OF CHILDREN: AN EXPLORATION OF ISLAMIC LAW IN KINGDOM OF SAUDI ARABIA AND HOW IT COMPARES TO THE INTERNATIONAL STANDARDS SET BY THE HAGUE CONVENTION ON THE PROTECTION OF CHILDREN AND CO-OPERATION IN RESPECT OF INTER-COUNTRY ADOPTION

Ohud, Alzahrani (2018) THE ADOPTION OF CHILDREN: AN EXPLORATION OF ISLAMIC LAW IN KINGDOM OF SAUDI ARABIA AND HOW IT COMPARES TO THE INTERNATIONAL STANDARDS SET BY THE HAGUE CONVENTION ON THE PROTECTION OF CHILDREN AND CO-OPERATION IN RESPECT OF INTER-COUNTRY ADOPTION. Doctoral Dissertation, University of Pittsburgh. (Unpublished)

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Abstract

This dissertation contains three main interrelated discussions. First, the Kingdom of Saudi Arabia (KSA) is provided as a case study of show how it could be incorporated into the Hague Convention for the international placement of Muslim orphaned children (at Chapter 2). Second, the main discussion considers that clarification is needed to help the Convention of 29 May 1993 on Protection of Children and Co-operation in Respect of Intercountry Adoption (HCCH) better understand the rules of Kafala as required under Islamic law in accordance with the Qur'an and Sunna (at Chapter 3). Consequently, the last discussion contends that some Muslim nations practice Kafala fostering in various adherence to Islamic law, adding to misrepresentations in international understanding of Kafala. Thus, this affects and causes confusion for member nations of the HCCH about what would serve as appropriate adaptations of the convention (at Chapter 4). Therefore, this study concentrates overall on how the HCCH of 1993 and 1996 can be used to unify and streamline the acceptance of the fostering of Muslim orphaned children through Kafala in much of the international community by clarifying the rules as delineated under Islamic law and using the practice of Kafala within the KSA as the subject of a case study. This clarification will serve to guide the immigration standards of the HCCH in regard to Kafala as an instrument of private international law.


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Details

Item Type: University of Pittsburgh ETD
Status: Unpublished
Creators/Authors:
CreatorsEmailPitt UsernameORCID
Ohud, Alzahranioaa22@pitt.eduoaa22
ETD Committee:
TitleMemberEmail AddressPitt UsernameORCID
Committee ChairMartínez, Sheilasiv7@pitt.edu
Committee MemberAllen, Jessiejallen@pitt.edu
Committee MemberJouili, Jeanettejouili@pitt.edu
Date: 17 May 2018
Date Type: Publication
Defense Date: 8 February 2018
Approval Date: 17 May 2018
Submission Date: 6 April 2018
Access Restriction: 2 year -- Restrict access to University of Pittsburgh for a period of 2 years.
Number of Pages: 290
Institution: University of Pittsburgh
Schools and Programs: School of Law > Law
Degree: SJD - Doctor of Juridical Science
Thesis Type: Doctoral Dissertation
Refereed: Yes
Uncontrolled Keywords: NA
Date Deposited: 18 May 2018 00:11
Last Modified: 18 May 2018 00:11
URI: http://d-scholarship.pitt.edu/id/eprint/34163

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