International Journal of Law, Policy and the Family Advance Access originally published online on September 23, 2008
International Journal of Law, Policy and the Family 2008 22(3):393-420; doi:10.1093/lawfam/ebn009
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Islamic Principles On Adoption: Examining The Impact Of Illegitimacy And Inheritance Related Concerns In Context Of A Child'S Right To An Identity
Barrister, BSc (South Bank University), LLB (College of Law of England and Wales), LLM (Durham University), and at present Assistant Professor of Law, and Director, LLB External Program in Pakistan College of Law
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Abstract |
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The basis of this article is essentially the subject of a child's right to an identity in context of the Islamic practice of ‘adopting’ children, known as ‘Kafalah’. An analysis, with particular focus on the role of names in the formation of an identity, will be made of Islamic principles. The discussion will also consider the right to an identity with particular reference to illegitimacy and inheritance, which are related issues that present serious repercussions for Kafalah children. An argument will further be presented as to whether any protection can be afforded to children who have been placed in Kafalah. The main issue of this article will essentially revolve around the importance of surnames and the role these play, not only in context of history and culture but also in regards to the social reality along with a sense of being for such children in their particular environment. The article will argue that when considering issues of identity, such as names, one has to be mindful of core values, which are universal and thus can provide a window into entering a dialogue with the ultimate aim of protecting the child.