Table of Contents
The Real Meaning of Adoption in Pakistan
How Islamic Law Views Family Ties
The Practical Side: Guardianship vs. Adoption
When a Child’s Family is Unknown
What the Government and Orphanages Must Do
New Rules from the Courts
Bringing Everything Together
The Real Meaning of Adoption in Pakistan
Recently, a high court in Gilgit-Baltistan made an important decision about adoption in Pakistan. The case began because local courts were allowing foreigners to become guardians and take children abroad. This situation made the judges look closely at what Islam says about family and children. Their ruling helps everyone understand the rules for child custody Pakistan and the correct adoption process in Pakistan. This article explains those rules in simple words.
How Islamic Law Views Family Ties
The foundation of Islamic law on adoption comes from the Holy Quran. In Surah Al-Ahzab, the Quran gives a clear instruction. It says that an adopted child should keep their original family name. This rule protects the child’s true identity. Because of this, adoption in Pakistan under Islamic law is an act of care, but it does not change legal family relationships.
Therefore, Islamic tradition encourages people to care for orphans. This act of care, called kafalah, is very noble. However, adoption in Pakistan does not make the child a legal heir like a biological son or daughter. Instead, the family can support the child through gifts or a will. This system shows kindness while keeping family lines clear.
The Practical Side: Guardianship vs. Adoption
Many people mix up legal guardianship with adoption. They are different. Guardianship in Pakistan is about daily care and protection. Courts use the Guardians and Wards Act to decide who gets guardianship of a minor. The most important thing is the child’s safety and happiness.
For example, if parents cannot care for their child, a close relative like an aunt or grandfather can ask for a guardianship certificate. This certificate gives them the legal right to make decisions for the child. However, getting this certificate is not the same as an adoption process in Pakistan. Adoption requires a special declaration in court about accepting the child as your own.
When a Child’s Family is Unknown
The court’s ruling answered a difficult question: what happens to a child with no known family? The judges created a key rule. If a child is found in Pakistan, we should assume the child comes from a Muslim family. This presumption of Muslim parentage affects many decisions about child custody Pakistan.
As a result, giving such a child to non-Muslim parents becomes very complicated. The law wants to protect the child’s religious identity. The court said that orphanage adoption must follow this rule. However, if someone has strong proof about the child’s real family, they can show this proof in court.
What the Government and Orphanages Must Do
The court also explained the duties of the state. The government is the ultimate guardian of children with no family. Because of this, orphanage adoption centers have new responsibilities. They must immediately tell the government when they take in a new child. They must also keep very clear records.
Furthermore, these centers cannot simply accept any child. They must ask questions about where the child came from. The ruling means that every adoption process in Pakistan involving an orphanage now needs more oversight. This helps prevent problems and protects children.
New Rules from the Courts
The judges noticed a big gap: Pakistan does not have a single, clear law about adoption in Pakistan. To fix this, they created immediate rules. Now, courts cannot give a guardianship certificate to someone without proper checks. They must first be sure the person wants to truly care for the child.
Also, if adoptive parents want to take a child out of Pakistan, they need special permission. They must promise to inform authorities if they move the child to another country. These rules from the Supreme Appellate Court adoption ruling help make the adoption process in Pakistan safer for children.
Bringing Everything Together
The court’s decision helps balance two important things: compassion for children and respect for Islamic law. It confirms that caring for a child is a wonderful act in Islam. At the same time, it sets clear parental rights Pakistan boundaries and state responsibilities. The ruling guides families, orphanages, and courts. It makes sure that the adoption process in Pakistan protects the child’s identity, religion, and future. This approach keeps the child’s best interest at the heart of every decision.
For professional assistance with family law services, child custody matters, and legal guardianship cases, contact:
Muhammad Amin, Advocate
📞 Phone: 0313-9708019
📧 Email: muhammadaminadvo111@gmail.com