A Theoretical Analysis: Safeguarding Orphans' Rights in Pakistan's Legal Landscape

Authors

  • Munazza Razzaq PhD Scholar, Ahmed Ibrahim Kulliyyah of Laws (AIKOL), International Islamic University Malaysia (IIUM)
  • Azizah Mohd Professor, Ahmed Ibrahim Kulliyyah of Laws (AIKOL), International Islamic University Malaysia (IIUM)
  • Noraini Md Hashim Associate Professor, Ahmed Ibrahim Kulliyyah of Laws (AIKOL), International Islamic University Malaysia (IIUM)

Keywords:

Child Rights, International Law, Islamic Law, Orphans' Rights, Pakistan

Abstract

Children are of paramount importance in our global community as they represent hope for a better future. It is of utmost importance that their well-being and rights be safeguarded and upheld. Orphans in particular are vulnerable members of society who require special attention and protection. A comprehensive legal framework that fortifies their rights is necessary to ensure their holistic development and security. This study adopted a multifaceted approach, integrating doctrinal and qualitative methodologies to comprehensively address the issues surrounding the protection of orphaned children. A qualitative analysis was conducted to examine the existing legal structures regarding children's rights in Pakistan. Unfortunately, there is a gap in legal provisions specifically designed to protect orphaned children within the country. This disheartening observation highlights the oversight and neglect of orphaned children in the discourse on societal protection. In a world where young individuals are often voiceless, their vulnerabilities demand immediate attention and redressal. The absence of meaningful discussions about their well-being makes safeguarding their rights even more challenging. Certainly, without a discourse centered on their needs and requests, the endeavor to shield orphaned children from harm remains an uphill battle. This study sheds light on the existing legal framework for children's rights in Pakistan. The absence of specific legislation protecting orphaned children reminds us of the urgent need for inclusive dialogue and legislative action. Only through proactive engagement and advocacy can we pave the way for a more equitable and secure future for these precious lives, ensuring that their rights are recognized and protected.

References

The Child Marriage Restraint Act, 1929.

Criminal Procedure Code, 1898.

The Constitution of Finland.

Constitution of the Islamic Republic of Pakistan, 1973.

The Guardian and Wards Act of 1890.

The Islamabad Capital Territory Child Protection Act, 2018.

Juvenile Justice System Act, 2018.

Khyber Pakhtunkhwa Child Protection and Welfare Act, 2010.

The Majority Act of 1875.

Muslim Family Law Ordinance, 1961.

National Commission on the Rights of the Child Act, 2017.

The Offence of Zina (Enforcement of Hudood) Ordinance, 1979.

Pakistan Penal Code, 1860.

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Published

2023-12-31

How to Cite

Munazza Razzaq, Azizah Mohd, & Noraini Md Hashim. (2023). A Theoretical Analysis: Safeguarding Orphans’ Rights in Pakistan’s Legal Landscape. Al-Kashaf, 3(3), 65–73. Retrieved from https://alkashaf.pk/index.php/Journal/article/view/99

Issue

Section

English