THE KAFĀLA ‘SPONSORSHIP’ SYSTEM IN SAUDI ARABIA: A CRITICAL ANALYSIS FROM THE PERSPECTIVE OF INTERNATIONAL HUMAN RIGHTS AND ISLAMIC LAW

It will argue that Islamic law is compatible with international human rights law with specific reference to migrant workers’ protection, and that Saudi Arabia with its continuous application of the kafāla opposes its own basic law. By analysing the above issues, it is hoped that by the end of this paper, the reader will achieve a clear understanding of the dangerous implications of the kafāla in perspective to Sharīa and international law. The topic of kafāla is rarely touched in the Saudi scholarly sphere; thus, it is hoped that this article will provoke more research on the subject. The article aims to establish a distinction between the kafāla deficiencies and Islamic law and to suggest that they are inconsistent with each other; therefore, such defects are caused by the application of the kafāla rather than an imperfection in Sharīa. The paper will conclude with some recommendations, namely the immediate reformation and abolishment of the system by replacing it with a new sponsorship system that can protect in practice migrant workers’
rights.