The Legal Status of Abandoned Children: A Comparative Study of Shariah and Pakistani Law

Abstract

This study explores the legal status of abandoned children through a comparative lens of Shariah and Pakistani law. Abandonment of children raises critical concerns related to identity, guardianship, inheritance, and social protection. Under Shariah, the concept of kafalah (foster care) ensures the child’s welfare without conferring biological lineage or inheritance rights, while upholding dignity and care as religious obligations. Influenced by Islamic principles and modern legal practices, Pakistani law provides mechanisms for guardianship, child registration, and welfare under various statutes, including the Guardian and Wards Act and Child Protection laws. This comparative analysis highlights the difference between the two legal systems, focusing on child rights, state responsibilities, and societal roles.

The research Paper adopts an analytical approach, focusing on the comparison between Islamic law and existing Pakistani laws regarding abandoned children. It involves thoroughly examining the relevant provisions within Islamic jurisprudence that address the rights of foundlings, particularly concerning birth registration and citizenship. By assessing how these principles can inform and enhance legal frameworks in Pakistan, the study aims to identify gaps and inconsistencies within current legislation. The study concludes with suggestions for legal reforms to strengthen the protection and integration of abandoned children by both Shariah and constitutional principles of Pakistan. The findings of the research indicate that Islamic law provides a strong framework for protecting the identity and rights of abandoned children, emphasizing the importance of registration and citizenship.