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Abstract
The concept of the best interests of the child comes into tension with premodern Islamic law with respect to the issue of adoption because Islamic law does not allow a child to take the name or inheritance of her or his non-biological parents. Many scholars and policymakers have considered premodern Islamic juristic discourse to violate the child’s best interests as it creates a number of disadvantaged legal categories of children in Islamic law, all while prohibiting adoption. In this chapter, I show the ways in which premodern Muslim jurists and judges (with…
This country care review includes the care-related Concluding Observations adopted by the Committee on the Rights of the Child and the Committee on the Rights of Persons with Disabilities. The Committees' recommendations on the issues relevant to children's care are highlighted, as well as other care-related concluding observations, ratification dates, and links to the Universal Periodic Review and Hague Intercountry Adoption Country Profile.
Executive Summary
A common conception is that Islamic law forbids adoptions. However, this belief misses the complexity of Islamic law, the scope of adoption laws and practices across the world, and the overwhelming emphasis on taking care of orphans and foundlings found within Islamic sources. Contemporary adoption practices are immensely complex issues, overlapping with children’s rights, international and national laws, human psychology, economic, social, and religious concerns, and the ethics of lineage, identity, property and inheritance rights. In this position paper, the Muslim…
The Guidelines for Action on Intercountry Adoption of Children in Africa was adopted at the Fifth International Policy Conference on the African Child held on 29-30 May 2012 in Addis Ababa, Ethiopia. The objectives of the Guidelines are to facilitate and support the efforts of States to take all appropriate legal, administrative, and other measures to ensure that all persons and organizations involved in the adoption of a child act in conformity with applicable international legal instruments. Recommendations are set forth for central authorities and accredited bodies, accountability for…
Based on research undertaken in 2003, evidence indicated that an average of 110 new born babies were being abandoned in Khartoum every month. Half were estimated to die before receiving any assistance while those who survived abandonment were admitted to a state orphanage.
Social stigma attached to children born out of wedlock: while Islam positively values the care of orphaned and abandoned children by others, the legal recognition of the relationship between the orphaned child and their caregivers is based on the system of Kafala — the Islamic duty to save any…