الأحكام المتعلقة بالحقوق الأساسية للطفل في الأسرة البديلة : دراسة فقهية قانونية تطبيقية على الأسرة البديلة في دولة الكويت

Abstract EN

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 getting 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.