La kafala islámica frente a nuestro ordenamiento jurídico: la mujer kafila y la protección del interés superior del menor. Problemática de su judicialización especialmente en el caso marroquí desde la práctica jurisprudencial

Resumo

The kafala, in the Spanish case, is especially difficult, given the idiosyncrasy of the Institution and the legal norm that supports it, because when it legally interacts with our legal system, it forces a complicated exercise of legal equivalence with other related figures of family law. national in order to resolve their lace. This fit seems to be resolved mostly in favor of foster care, although it is not the only possible option from the jurisprudence.The kafala's priority objective is the protection of the best interests of the minor and the kafila woman contributes to this. Their presence is of great value not only at the time of the constitution of the kafala, but also in the immigration procedures that could arise before the Courts as a result of the increasingly frequent judicialization of conflicts that have as their object the defense of the right to family life of minors who are kafalados.