ANALYTICAL, CRITICAL AND COMPARATIVE STUDY OF LEGAL FRAMEWORK OF CHILD ADOPTION IN PAKISTAN AND AT GLOBAL LEVEL

Abstract

This research addresses the present legal and ethical dilemma surrounding child adoption in Pakistan, a Muslim-majority country where doctrinal restrictions rooted in Islamic jurisprudence prohibit Western-style adoption. The central problem lies in the legal invisibility and welfare gaps affecting orphaned and abandoned children due to the absence of a codified, child-centric adoption framework. The study aims to evaluate whether Islamic law, when interpreted through the lens of maqāṣid al-sharī‘ah, permits functional adoption equivalents that safeguard lineage while fulfilling the child’s best interests. Employing a doctrinal and comparative legal methodology, the research examines primary Islamic sources, Pakistani statutes, and adoption laws in the UK, US, France, and Indonesia. The analysis reveals that while classical Shariah prohibits tabannī, Islamic law contains legal mechanisms such as kafala, testamentary wills, and guardianship that can be adapted to serve similar protective purposes. Key findings suggest that a hybrid, welfare-oriented model of adoption rooted in Islamic values yet responsive to contemporary child rights norms is both possible and necessary. The study recommends legislative reform to establish a Shariah-compliant, rights-based adoption framework in Pakistan that ensures legal identity, permanence, and dignity for every child.