La kafala del derecho islámico como instrumento de protección del menorSTJUE de 26 de marzo de 2019

Abstract

The Kafala, an institution of Islamic origin, is influenced with an important religious component, represents a legal reality inspired by principles that are foreign to Western legal systems. This fact has led the Court of Justice of the European Union to rule on the conflict that the conflict raised around family reunification within its borders of those who are part of this relationship, interpreting some of the concepts accepted by European Community regulations and applicable to family law of citizens members of the Union to whom the right to free movement is recognized in the terms provided in their legislation. According to this resolution, it is incumbent upon the competent national authorities to facilitate the entry and residence of a minor who is under the legal guardianship of citizens of the Union under the Algerian kafala regime as "another member of the family", taking into account the best interest of the affected minor.