لاوارث بچوں کے حقوق و تحفظ سے متعلق اسلامی فقہ اور عصری قانونی فریم ورک کا تقابلی و اطلاقی مطالعہ

An Applied Comparative Study of Islamic Jurisprudence and Contemporary Legal Frameworks Governing the Rights and Protection of Abandoned Children

Abstract

Abandoned children constitute one of the most vulnerable segments of society due to the absence of parental care, legal guardianship, and adequate social protection. Islamic jurisprudence addresses this issue primarily through the concept of Laqīṭ (foundling) and Yateem (Orphans), while contemporary legal systems regulate it through child protection laws and international human rights instruments. This study critically examines the implementation of Islamic and contemporary legal frameworks governing the rights, protection, guardianship, and welfare of abandoned children. Employing a qualitative and analytical research methodology, the study analyzes the Qur'an, Sunnah, classical juristic opinions, Pakistani legislation and relevant international conventions, including the United Nations Convention on the Rights of the Child (UNCRC). The findings reveal that Islamic law offers a comprehensive and value-based framework centered on guardianship (wilāyah), maintenance (kafālah), protection of life, lineage, property, religion, and human dignity. Contemporary legal systems similarly emphasize child welfare, education, healthcare, legal identity, and institutional protection; however, practical implementation often remains inadequate due to administrative, legal, and socio-economic challenges. The study concludes that harmonizing contemporary child protection laws with the objectives of Sharīʿah (Maqāṣid al-Sharīʿah), strengthening institutional mechanisms, and ensuring effective enforcement can significantly enhance the protection and welfare of abandoned children. It recommends integrated legal, social, and policy reforms based on both Islamic principles and international human rights standards.