Jurisdiction in Cases of Homeless Children “A Comparative Study between Islamic Jurisprudence and the Saudi Judicial System”

HRMARS - Addressing the issues faced by children living outside traditional family structures requires more than simply applying legal or religious texts; it necessitates a deep understanding of the nature of these situations and an awareness of the responsibility of judicial authorities to protect this vulnerable group. Homelessness is not merely the absence of shelter, but a complex social and legal situation that can lead to direct violations of a child's rights to care and protection. This research examines this phenomenon from two complementary perspectives: the first, derived from Islamic jurisprudence, which includes principles and rulings that uphold the protection of minors and their dignity; and the second, through the Saudi judicial system, which has sought to codify and implement these principles within a modern legal framework. Through this comparative study, the research aims to highlight how both jurisprudence and the legal system address this issue, in terms of concepts, methods, and outcomes. The study discusses the extent to which Islamic jurisprudence and the Saudi legal system converge in recognizing the principle of "the best interests of the child," the state's responsibility, and the judge's authority to take appropriate measures for the child's protection. It also addresses areas of divergence, particularly in judicial structure and procedural rules, compared to the flexibility of jurisprudential approaches based on the objectives of Islamic law (Maqasid Al-Shari'ah). This study seeks to move beyond mere description, analyzing the extent to which the Saudi judicial system has succeeded in providing effective solutions that respect religious principles without neglecting institutional and legal realities. The study concludes with a critical perspective that examines points of convergence and divergence, and suggests areas for development to achieve more comprehensive legal protection that is consistent with religious principles and practical requirements.