“Kifalah” of an Orphan Child, Social Legal Issues in Pakistan and Solution in the Light of Quran and Hadith

Abstract

At the time of revelation of the Qur’ān, children were not prominent in terms of having rights in the society. Qur’ān specified child rights as the key social responsibility of parents and urged them to struggle for the upbringing of their children. Prophet (SAW) and the companions (RA) also set numerous traditions in relation to rights of children i.e., right of life, right of food, shelter and clothes, right of education and training and right of counting them as members of society. Islam bounds a father to bear the responsibility of Kifalah of his child..Kifalah consists of food, clothes and shelter and other educational expenses. A boy has a right of Kifalah from his father till puberty and a girl has a right of kifalah from her father till marriage. Disable children (male and female) obtain the right of kifalah from their real father. If divorce occurs in a couple, in this situation again father is responsible to bear the maintenance of his real children as per Sharī‘ah(Attalāq65:6). There is a question that who will be responsible of kifalah of a child whose father has dead ( Yateem).? This research paper aims to discuss the Kifalah right of an Orphan child after the death of father in Islam and social and legal problems in Pakistan. Sharī‘ah Law of Kifalah involves parents and state institutions to fulfill their responsibility towards up-bringing children. Thus, protection of the right of kifalah is the key responsibility of state. In this study, a brief sketch of social and legal situation in Pakistan is  presented with the help of few facts and figures about the provision of child right of Kifalah.The study also presents a comparison of the views of eminent Muslim scholars belonging to different schools of thought, regarding the provision of Kifalah to  child after the death of father. Finally, Islamic wisdom regarding the practicality of a child’s right of Kifalah in Islam is presented in the research paper with the aim of highlighting its pertinence in maintaining a positive and sustainable human society.