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Pakistan: Whether a child born of "muttah" outside of Pakistan of Pakistani parents could be adopted in Pakistan by the uncle; if not, options available if the child returned to Pakistan without his or her biological parents; whether orphanages exist in Pakistan

Publisher Canada: Immigration and Refugee Board of Canada
Author Research Directorate, Immigration and Refugee Board of Canada, Ottawa
Publication Date 19 November 2007
Citation / Document Symbol PAK102629.E
Cite as Canada: Immigration and Refugee Board of Canada, Pakistan: Whether a child born of "muttah" outside of Pakistan of Pakistani parents could be adopted in Pakistan by the uncle; if not, options available if the child returned to Pakistan without his or her biological parents; whether orphanages exist in Pakistan, 19 November 2007, PAK102629.E, available at: https://www.refworld.org/docid/47d65470c.html [accessed 4 June 2023]
DisclaimerThis is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States.

A professor of Anthropology at Boston University who specializes in religion, law and gender dynamics in Iran, India and Pakistan and who has published a book on muttah (temporary Islamic marriage), indicated in a telephone interview with the Research Directorate that there should not be any problem for a child born of muttah to be adopted by his or her uncle and that an uncle would be a good candidate for the adoption of such a child (31 Oct. 2007). The Professor stated that there are orphanages in Pakistan and that, even though she has not personally visited any, it is generally said that orphanages in Pakistan are "not a good place to be" for children (Professor, Boston University 31 Oct. 2007).

The following information was provided by a professor of International Studies at the University of Oregon specializing in comparative Muslim societies in Pakistan and in South Asia, during a telephone interview on 18 October 2007 with the Research Directorate. The Professor explained that she did not see why a child born out of muttah of Pakistani parents could not be adopted by an uncle as anyone could adopt the child if the child was abandoned by his or her parents, and if the proper documentation indicating that the child is abandoned was available. In her opinion, the uncle would probably be the most suitable candidate in the family to adopt the child. She explained that problems usually occur with adoption when the parents do not want to give up their child. Adoption is not something that is usually engaged in in Pakistan and blood relations are important, especially blood relations through the father. The Professor stated that there are two well-known orphanages in Pakistan: one in Rawalpindi on Murray Road, which she visited, and one in Lahore. She added that there are "probably" other orphanages in Pakistan.

Pakistan Adoption, a website dedicated to adoption in Pakistan, lists a total of 16 orphanages located in Pakistan (n.d.) while orphanage.org lists two orphanages in Pakistan (n.d.).

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of additional sources consulted in researching this Information Request.

References

Orphanage.org. N.d. "Homepage." [Accessed 22 Oct. 2007]

Pakistan Adoption. N.d. "List of Pakistan Orphanages."

Professor of Anthropology, Boston University. 31 October 2007. Telephone interview.

Professor of International Studies, University of Oregon. 18 October 2007. Telephone interview.

Additional Sources Consulted

Oral sources: a professor of the history of Islam at the University of Georgetown did not provide information within the time constraints of this Response.

An international human rights lawyer in New York, a professor at the International Islamic University and Karamah Muslim Women Lawyers for Human Rights did not have information on the subject.

Attempts to contact the International Union of Muslim Women and the Muslim Women's League were unsuccessful.

Publications: Islamic Family Law in a Changing World: A Global Resource Book, The Laws of Marriage in Islam, The Marriage Contract in Islamic Law in the Shari'ah and Personal Status Laws of Egypt and Morocco, Marriage on Trial: A Study of Islamic Family Law, The Status of Women Under Islamic Law and Under Modern Islamic Legislation.

Internet sites, including: Amnesty International (AI), British Broadcasting Corporation (BBC), European Country of Origin Information Network (ecoi.net), Freedom House, Human Rights Commission of Pakistan, Human Rights Watch (HRW), International Union of Muslim Women, Islamic Web, Karamah Muslim Women Lawyers for Human Rights, Ministry of Religious Affairs and Zakat and Ushr, Ministry of Youth Affairs, Muslim Women's League, United Kingdom Home Office Country Information, United States (US) Department of State.

Copyright notice: This document is published with the permission of the copyright holder and producer Immigration and Refugee Board of Canada (IRB). The original version of this document may be found on the offical website of the IRB at http://www.irb-cisr.gc.ca/en/. Documents earlier than 2003 may be found only on Refworld.

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