KAFALAH, GUARDIANSHIP, AND THE ABSENCE OF FORMAL ADOPTION LAWS IN PAKISTAN - A CRITICAL ANALYSIS

Abstract

In Pakistan, there are no formal adoption laws, which has posed a major problem in terms of welfare and legal awareness of abandoned and orphaned children. Rather, cultures of Kafalah (sponsorship) and Islamic law and statutory guardianship are the major mechanisms of childcare. Although these systems are in tandem with the religious and cultural values, they raise very important questions on identity, inheritance, and entitlement of the child to be integrated into the family. Another legal avenue to caretaking is guardianship under the Guardians and Wards Act, 1890, which does not offer inheritance and lineage rights but does offer a legal avenue to caretaking. The paper is a critical analysis of the intricacies of Kafalah, guardianship, and policy vacuum in formal adoption laws in Pakistan. The article holds that, whereas Islamic jurisprudence supports the safety of children, it does not have a well-developed legal adoption system to ensure that Pakistan meets the global standards of child rights. Policy reforms are also discussed and provided.