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- Nov 2022
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view.connect.americanpublicmedia.org view.connect.americanpublicmedia.org
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The word “kafala” in Arabic has traditionally been used to describe a social and moral “responsibility to another.” Researchers Ray Jureidini and Said Fares Hassan write, “kafala contracts were used to protect the weak and vulnerable by instituting the patronage of a prominent local who provided whatever protection was required.” Think of raising an orphaned child, for example. In business, kafala originally referred to contracts where a guarantor assumes liability for another person (e.g. a cosigner for a loan). Kafala nowadays is often used to describe the legal relationship between businesses and migrant workers. Employers, typically citizens, act as sponsors for workers and assume legal responsibility for their movement and actions in exchange for their right to work in a geographic area.
The use of kafala shows a shift from a meaning of social responsibility into a meaning co-opted by capitalism and social contract.
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