The purpose of this research is to analyze and suggest the potential legal and social solutions that are imperative for the purpose of securing rights of those who are orphaned in Islamic countries on account of ongoing civil and political unrest. The research will be structured in the form of five chapters that shall effectively cover the objective of this research.
In this chapter, I am going to analyze in detail the political turmoil and civil unrest in Syria and the consequent burgeoning orphan issues. I will highlight how the ongoing crises have impacted the turmoil in the social fabric of Syria vis-à-vis the ever increasing number of orphans. I will finally focus on providing solution for tackling and effectively dealing with the problem of orphans in Syria.
Welfare Alternative for Abandoned and Orphaned Children-Kafala System Under Sharia Law-A Potential Solution to Tackle the Orphan Issue
In this Chapter, I will delineate and describe in detail the Kafala system under the Islamic jurisprudence. Further, I will explain the various conditions that are imperative for the implementation of the Kafala system under the Sharia laws especially under the backdrop of adoption laws. I will further explain the concept of milk kinship and the reasons behind prohibition of adoption in Islam under certain circumstances, especially taking into consideration the issue of lineage.
How the Western Countries deal with Islamic Principles?
In this chapter, I will describe certain cases that will help in supporting and substantiating the principles that form the basis of the western countries support and help to the Muslim community for the Kafala practice under the Islamic jurisprudence. To this end, I will explain and elaborate how Kafala system is supported under the UN convention that has ratified alternative care system. For instance, the case of Harroudj v. France of France as argued in the European Court of Human Rights
Reforms in the Law of Guardianship in the Gulf State vis-à-vis Citizenship Right for Foreign Orphan
In this Chapter, I intend to discuss and describle the potential reforms that are needed in the gulf countries. I will explain the rationale behing the need for such reforms vis-a-vis the urgent necessity of providing citizenship rights and identity to foreign orphans. I will bring out the lack of international convention in this area and stress upon the necessity of respecting the traditional values of dignity and respect for everyone.
I will finally focus upon some recommendations that are imperative to protect the orphans affected by civil war. I will focus on the importance of local communities in tacking this issue. I will also explain how various charitable trusts can play a crucial role in handling the orphanage crises. I will evaluate how holistic housing solution can help orphanage and vulnerable children. I will finally focus upon the role of international community and the potential legal reforms in handling these crises.