[Reading this in-depth study presupposes knowledge of the content presented in the cultural test relating to this practice]

In the Islamic world, several modalities can be observed in the constitution of the kafala, among which are:

• intra-family kafala (consisting of relatives from the same family as the child),
• kafala of third parties (outside the family but resident in the same country) and
• international kafala (where the kafil is foreign).

 
In turn, to simplify understanding, these can be classified as judicial kafala and notarial kafala.

In the first case, that of the judicial kafala, the holder of the kafala is entrusted with the fulfilment of obligations relating to the care, maintenance, education and protection of the minor. These obligations extend up to the age of 18 in the case of boys and up to marriage in the case of girls, with the possibility of extending this obligation if the minor is unable to be autonomous. Furthermore, in order to constitute such a kafala, it is necessary for the child to be under the age of 18 and to be declared in a state of abandonment, which occurs when his or her filiation is unknown, he or she is an orphan or is the child of defaulting parents.
This mode is usually accompanied by substitute guardianship, whereby the kafil is granted legal representation of the child in court. Finally, it should be noted that only Muslim spouses or Muslim women can apply for this institution, whereas the establishment of an international kafala (where the kafil is a foreigner) is possible on condition that he or she converts to Islam.

In the second kind, the notarised kafala, it amounts to a delegation of parental responsibility by the biological parents. This notarial kafala is privately established between the parties involved, so that the child does not need to be declared abandoned, as it is the parents themselves who voluntarily hand over their child; moreover, according to this procedure, the child's interests and rights are not adequately protected and guaranteed by the respective competent public authorities. Therefore, the latter is not subject to the controls provided by law, and it may also happen that such an institution is established in the absence of the relevant administrative action.
Despite its charitable origin, the kafala is sometimes used as a form of child exploitation, especially of women, since in exchange for a payment to the child's biological parents, the latter hand over through a notarial kafala the child, who is often used as cheap or free labour, e.g. for domestic work or, in the worst cases, as sex slaves.