Abdur Rehman Hassan Qureshi
Pakistan faces deep-rooted social and institutional challenges in the protection and care of orphaned children. A survey conducted on behalf of the United Nations and cited in a national newspaper reveals that Pakistan is home to approximately 4.6 million orphaned children. Yet, as of 2017, only about 3,500 could be accommodated in merely 35 shelter homes across the country. This severe shortage forces countless orphans onto waiting lists, exposing them to instability, vulnerability, and a lack of adequate care and protection. The absence of proper guardianship during these formative years has serious long-term consequences for children’s psychological, emotional, and social development.
Pakistan’s high population growth rate further strains its already limited economic resources, threatening to transform short-term challenges into long-term social crises. The introduction of comprehensive adoption laws could help mitigate this burden by ensuring better utilization of scarce resources, reducing pressure on state institutions, and strengthening family-based care systems. However, adoption remains absent from Pakistan’s legal framework.
Pakistan has ratified several United Nations human rights treaties that establish a broad framework for protecting children’s rights. Reports by the National Commission on the Rights of Child highlight Pakistan’s commitment to 27 international human rights conventions, including the UN Convention on the Rights of the Child and various ILO conventions. These commitments are directly linked to children’s welfare, as sustainable development depends on a healthy, protected, and well-supported younger generation. Adoption laws could therefore serve as a means for Pakistan to fulfill its international obligations while projecting a positive global
image as a country committed to safeguarding vulnerable populations.
The Lack of Understanding Between Guardianship and Adoption
One of the primary obstacles to legal reform is widespread confusion between guardianship and adoption. In Pakistan, guardianship under the Guardians and Wards Act is often mistakenly treated as adoption. However, guardianship does not transfer parental title. As a result, individuals caring for a child lack legal security if biological parents later reclaim the child, causing severe emotional distress for both the child and caretakers.
Proper adoption laws would eliminate this uncertainty by ensuring the permanent transfer of parental rights. Under the current guardianship regime, only fathers can be appointed guardians, excluding single mothers from legal recognition. Adoption would allow even single women to adopt children. Another significant distinction concerns financial responsibility: guardians are not legally bound to maintain the child from their own resources, whereas adoptive parents are. Islamic scholars emphasize that depriving children of maintenance under guardianship contradicts Islamic principles of child welfare.
The Position of Islamic Law on Adoption
Adoption is not alien to Islamic tradition. Historically, it existed within Islamic society and was never prohibited when pursued for humanitarian reasons. Examples from early Islamic history include the Prophet Muhammad’s (PBUH) care for Hazrat Zaid bin Haris, the adoption of Hazrat Hamza’s daughter by Hazrat Jaffar, and the Prophet’s own upbringing under Abu Talib. Islamic society is founded on cooperation in righteousness and compassion toward the vulnerable.
In Pakistan, many unclaimed babies—often born into socially stigmatized circumstances—are abandoned or killed. Others are
informally adopted within extended families, while childless couples long for family life. These realities demonstrate an urgent need for structured adoption laws to provide both emotional security and material stability to children. The Quran repeatedly emphasizes kindness toward orphans, and the Prophet (PBUH) declared that those who care for orphans would be close to him in Paradise.
Rights of Adopted Children in Islam
Islam clearly assigns financial responsibility to adoptive parents. While inheritance does not automatically pass to adopted children, Islamic law provides equitable alternatives such as wills and gift deeds. Regarding prohibited degrees, adopted children are not considered mahram to adoptive parents, a principle clarified through Quranic guidance relating to the Prophet’s marriage to Zaid bin Haris’s former wife.
The issue of identity depends on whether a child’s parentage is known. Where biological parents are known, Islam requires preservation of lineage. For children of unknown parentage, identification as members of the community or brothers in faith is permitted.
Comparative and International Perspectives
Internationally, adoption frameworks in countries such as the United States, the United Kingdom, and Dubai demonstrate effective institutional models. Dubai’s system, particularly Ward 16 of Al Wasl Hospital, provides shelter, thorough vetting of adoptive families, and long-term monitoring. The Hague Convention on Intercountry Adoption could guide Pakistan in developing regulated international adoption mechanisms, especially since Islamic law does not restrict adoption to Muslim families.
Constitutional Dimensions
The absence of adoption laws also raises constitutional concerns. A writ petition filed in the High Court in 2023 argued that this legal
vacuum violates Article 9 of the Constitution, which guarantees the right to life. Pakistani jurisprudence interprets life as a dignified existence encompassing emotional, psychological, and financial well-being. The lack of adoption laws restricts both children’s right to be adopted and individuals’ freedom to adopt, violating Articles 9 and 14. It also conflicts with Articles 20 and 2A by obstructing the realization of Islamic values.
Conclusion
Foster care in Pakistan remains underdeveloped and unregulated, making the legalization of adoption an urgent necessity. Adoption laws would protect children, strengthen families, and prevent long-term social inefficiencies. The Quran forbids depriving any individual—especially children—of their right to life and dignity. Without reform, Pakistan risks perpetuating a system that fails its most vulnerable citizens. The introduction of adoption laws is not merely a legal reform but a moral, constitutional, and social imperative.
