Prof. Saleh Al Ali
Department of Comparative Jurisprudence and Sharia Policy
College of Sharia and Islamic Studies, Kuwait University

Abstract:

The research aims to highlight the most important measures enacted by Islamic jurisprudence to protect children’s property, and to compare them with the Kuwaiti Civil Law. The research contained an introduction, three sections, and a conclusion. In its entirety, it explained the concepts and terminology related to the title of the research, then talked about eligibility, its concept and types, its impact on the child’s actions, and the most important legal measures that protect the property of the privileged and non-privileged child from his disposal. Like buying and selling it. In addition to the most important legal measures that protect the child’s money from the guardian’s actions, such as a guardian’s donation or mortgage comparing these measures with the Kuwaiti Civil Code.
The research adopted the inductive and deductive approach because this suits the content and achieves its objectives. The research concluded with a conclusion that contained the most important inferences and recommendations. The overall result of the research was that Islamic jurisprudence provided a set of legal measures that protect the child’s money from loss and preserve his rights at all stages of development. Whether it is in the stage of discrimination or not, and whether the behavior comes from the child himself or from his guardian. Kuwaiti law agreed with Islamic jurisprudence in some measures and disagreed with it in some other measures and details.

Keywords: legal measures, financial protection, children, eligibility, child’s actions.
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* This research is supported by the Research Sector at Kuwait University under No: HC01/18.
The researcher extends his thanks and appreciation to the sector management.

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