Legal Guardianship and Adoption Laws in Qatar

Ans. A

The law of adoption varies from states to states and different countries impose different rules, conditions and legal provisions while approving an adoption process. In the post World War era, international adoption has gained momentum due to the sheer economical difference that exists between the Western countries and the Eastern and African countries. The famous ‘One Child Nation’ policy compelled China to become one of the leading countries of the East to take part in international adoption followed by Venezuela, Colombia, Nigeria (Mallat, 2000). However, it has been seen from various research that it is the Asian and the African Countries that take part substantially in the international adoption program and Middle East countries mostly left out. Even though the Arab countries reportedly have more than 44 million orphans in the age group of 6 to 15, there is not provision present that follows or ties up with the international adoption program (Mallat, 2000).

The proposed topic of this research paper essentially focuses on the law of the Qatar and how legal guardianship has been adopted by Qatar. Even though several research papers and journal publication along with case studies can be found in relation to Islamic laws and the adoption therein in general, very few research papers can be found on the topic of Qatar law and how the Qatar law has affected the process of adoption herein. This research paper strives to focus on the detailed structure of the legal guardianship program of Qatar and how Qatar law has established this procedure to be of superior of the normal adoption program.

Further, this research paper helps to strive to provide the world of the scholar with a separate case study on Qatar alone as in the segment of this country’s adoption, very few information is available and as such, with the help of this research paper the unique Orphanage situation of Qatar has been prescribed and described herein. The elements of Orphan Kafalah has been described and how the legal guardianship system of Qatar is different than rest of the Islamic countries herein (Mallat, 2000).

Again, focus has been shifted to the fact that Qatar law is slowly leaning on the concept of official adoption process and during the modern times, the country’s laws are being updated by the official governmental agencies. However, that is still a distant future and till then we shall study the in-depth cultural work of the different organizations of Qatar that works with the orphans and one of such important organization of Qatar is ‘Dhreima.’ In this research paper, we have focused on the functions of this instant organization and how this organization works in order to protect and take care of the orphan kids of the Arab countries herein.

Hence, the main purpose of this research paper is to provide an in-depth knowledge on the working of the Orphan Kafalah and whether the system of Orphan Kafalah is better than the formal international adoption programs held by the Western and the Asian countries herein. This paper shall hold a comparative study between these two systems and how these two systems has affected the Islamic countries and the religious disparity of Qatar on this very subjective topic as well (Yassari, 2015).

Lastly, we shall focus on the Western countries and their laws on adoption. We shall discuss and critically dissect the cases where the UK/US courts have held Qatar adoption law as being invalid and cannot be granted in the eyes of the law herein. We shall critically dissect the role of the United Nations and whether UN could have interfered in the adoption program and could take the matters in their own hands regarding the European and the American countries declaring the legal guardianship system of the Islamic countries invalid. Also, we shall critically dissect and held the working of the Western countries on the matter of adoption and how the controversial Islamic adoption is only making a rift between the two continents and whether the disputed political system of these two countries have affected the adoption program herein (Kutty, 2014).

The law of the Qatar on adoption or legal guardianship is largely affected by the political reform of the state herein. The political state of the country and the religious effect has created conditions of the orphans more tough in the Islamic countries which includes Qatar. Even though the Qatari law of the land is trying their best to keep a balanced view between the religious discourse and the well-being of the orphans herein, it is failing in several aspects. With special reference to Qatar, this research paper shall try to understand and reflect on how the system of the Islamic countries i.e. legal guardianship program is faulty and how the invalidity of such program is only making the lives of the orphans of this country hard herein.

Also, this research paper shall try to understand the alternatives to the English common law and whether alternative adoption program could be held by the Western countries herein to become more inclusive of the international adoption system. In conclusion, this paper shall strive to provide best suggestions and reforms that Qatar can adopt in order to do better in the segment of adoption herein and establish a collective relationship between the Qatar law, the Western laws such the English common law and the international curriculum in relation to adoption herein. The practical approaches of the legal system is essentially taken into consideration to understand the variety of the adoption program in Qatar herein and the comparative study between Qatar and English law shall be of extreme helpful not just in the world of the legal scholars or the legal science but in the case of the general public or layman who does not understand the complexities of these adoption issues of the English common law and Qatar law herein.

Literature Review

The law of adoption varies from states to states and different countries impose different rules, conditions and legal provisions while approving an adoption process. In the post World War era, international adoption has gained momentum due to the sheer economical difference that exists between the Western countries and the Eastern and African countries. The famous ‘One Child Nation’ policy compelled China to become one of the leading countries of the East to take part in international adoption followed by Venezuela, Colombia, Nigeria (Mallat, 2000). However, it has been seen from various research that it is the Asian and the African Countries that take part substantially in the international adoption program and Middle East countries mostly left out. Even though the Arab countries reportedly have more than 44 million orphans in the age group of 6 to 15, there is not provision present that follows or ties up with the international adoption program (Mallat, 2000).

In order to unravel and comprehend as to why the Arab countries have no constructed adoption program, it is necessary to recognize the fact that these are religious countries that follow the Islam. According to the Islamic Sharia Law, adoption is never granted the status of validity (Naqvi, 1980).

However, the variety in the adoption law is what keeps the rift between the judicial systems of different countries and the Western courts expressly denies several adoption processes taken place in the Islamic countries. In order to understand the situation better and the how the concept of adoption has turned into guardianship in the Islamic countries, we have taken up the special reference case of Qatar and the laws of Qatar on adoption process and what are the rules and norms of Qatar for the purpose of providing legal guardianship to their country’s orphans. In this research paper, we shall expressly talk about the details of the Qatari law and whether the concept of ‘Orphan Kafalah’ is better than the Western culture of the adoption and how it is viewed by the Western countries. For the purpose of this research paper, we shall expressly talk about the countries of the USA and UK herein. Also, we would explore several other grounds to provide an all-around information on adoption and how Islamic legal guardianship is viewed by the Western Countries herein.

Sequence of literature review

For the purpose of better result of this result and to obtain a better understanding on the subject matter herein, we shall essentially synchronize the literature review from descriptive and theoretical analysis of the subject matter to the analytical researches that are already available on this particular subject matter. For the purpose of descriptive and theoretical research, we shall conclude and discuss the different laws of Qatar and the unique legal guardianship provision provided by the Islamic countries for the purpose of providing a home for the orphans. Also, we shall discuss the advantages and disadvantages of this process that is called ‘orphans kafalah’ and discuss in details how this particular process is adapted or seen by the Western Countries or whether the Western judicial courts approve of this legal guardianship method or not. If not, why and we shall assess different research paper for the particular case study. After the details of the Qatar law on legal guardianship and its relevance in the Western countries have been discussed in details, we shall conduct an analytical literature review process by which we shall conclude and hold the reasons why Western judicial courts do not approve of the Qatar law of legal guardianship herein and critically evaluate the effect on the international adaption system as a whole.

Scope of literature Review

The scope of this literature review is to understand the Islamic Sharia law’s stand on adoption systema and how the orphans of the Arab countries are the sufferers of this law. As Islam forbids adoption, the legal guardianship process has several flaws as well and that severely affects the children of the Middle east. To understand the scope of this study better, we have taken recourse of one Islamic country, Qatar and this study shall hold an extensive view on the Qatar law of legal guardianship and how legal guardianship is essentially different from the other adoption process of the other Western countries. Also, this study essentially provides an enormous scope at understanding the relationship between the Western countries and the Islamic countries and how these two countries do not see eye to eye things on several matter because of religion and how religion disparity between the countries has made the orphans and children of the Middle East the sufferer for decades now. Also, this study shall also paint the picture of the war-ridden Middle East countries and how war has affected severely on children and the huge number of orphans created by it. We shall essentially explore the scope of this study into understanding how Qatar and other alike Islamic countries of the Middle East might need the provisions of the international adoption process the most and yet they cannot afford it due to religious disparity and the faulty laws of the Western Countries. Dig deeper into Validity of Flic's Termination from the Club with our selection of articles.

LITERATURE REVIEW

To better understand and comprehend this instant study, we have divided the literature review in four segments where we shall discuss the literatures on the subject matter that are available which shall include books, journals, newspapers and research papers of other scholars herein.

1. ADOPTION IN MUSLIM LAW

This journal of Naqvi (1980) has held the concept of adoption under the Muslim law in general and how the Muslim law view the concept of adoption herein. This journal paper has discussed the different provisions of Muslim law and how different Muslim law deals with the provisions of adoption in different countries herein. This paper has shed light on the recent development of the concept of adoption in the Islamic countries and the Arab countries and the Sharia law of Muslim adoption has discussed in details as well. With the help of this literature review, an idea of the Muslim law and the basics of the adoption in Muslim law shall be explained which would be an immense help for the purpose of this research paper.

2. SHARIA AND STATE IN THE MODERN MUSLIM MIDDLE EAST

According the detailed research of this journal by Brown (1997), a balanced idea of the Sharia Islam law and the situation of the modern Muslim Middle East states have been provided to explain the context of the research paper better.

3. ADOPTION RIGHTS AND ISLAMIC JURISPRUDENCE

The author Sodha (2018) of this research paper essentially provides an in-depth view on the adoption rights of the Muslim countries and the Islamic adoption jurisprudence in reference to the current Arab countries herein. The Muslim personal law has been discussed in depth and how the difference between adoption process and the process of legal guardianship has been given a special place under this research paper as well.

4. POLITICAL REFORM IN THE GULF: THE CASE OF QATAR

With the help of this journal paper published by Rathmell and Schulze (2000), the political reform of Qatar has been described in order to understand the context of the adoption process and the situations of the orphans better and how Qatar has been one of the war-ridden zones for the longest period of time and how the political reforms of Qatar has affected the children herein.

5. ISLAMIC LAW AND ADOPTIONS

The research paper by Kutty (2014) provides an in-depth knowledge on the Muslim adoption and how the Islamic countries are affected by the Muslim law and the adoption process of them herein. This research paper has also provided how the orphans of the Arab countries are caught between the Law of the land and the Western countries and the conditions of the orphans by the war-ridden countries herein. Also, with the help of this research paper, a reality picture of the orphans of these Arab countries can be gathered and how strict adoption policy of this Muslim countries essentially barred these children from having a better life altogether.

6. BEYOND CULTURAL PARODIES AND PARODIZING CULTURES: SHAPING A DISCOURSE

This 1991 journal paper published by Mona (1991) provides a details picture of how Islamic law views the adoption law worldwide and how the huge population of the Arab countries are still against the concept of adoption, including the governmental authorities that creates such hindrance in the international adoption law. This journal also provides a greater detail at how cultural differences between countries has only made it difficult for the huge orphan population of the Middle East countries and how even the Untied Nations are helpless at this situation.

7. COMMERCIAL LAW IN THE MIDDLE EAST: BETWEEN CLASSICAL TRANSACTIONS AND MODERN BUSINESS

The research paper held by Mallat (2000) help us to understand the law of the Middle East better with special reference to Qatar and how the legal rights and the laws held by Qatar are affected by the Muslim religion. This paper shows how the Middle Eastern countries are extremely affected by the Muslim law to such extent that the religious discourse only might increases their sufferings and yet the people of these countries are blindly abide by it.

8. ADDING BY CHOICE

The author of this journal paper namely Yassari (2015) shed light on the concept and the subject matter of how the cultural and religious disparity between the Middle East countries and the Western countries affect the adoption process herein. This journal paper essentially talks about how even though the recently the legal guardianship process has been adopted and provided by the Islamic countries such as Qatar, the Western countries still refuses to accept the same and generally denies the validity of such adoption process as well.

9. THE CARE OF ORPHANED AND VULNERABLE CHILDREN IN ISLAM: EXPLORING KAFALA WITH MUSLIM SOCIAL WORK PRACTICE WITH UNACCOMPANIED REFUGEE MINORS IN THE UNITED STATES

The journal paper by Rotabi et al (2017) materializes the concept of Orphan Kafalah and how the Islamic countries adopt the concept of legal guardianship over the formal adoption process that is legally accepted by the Western countries and with the help of this journal, we also get to understand how the legal guardianship program of the Islamic countries does not provide the orphan with any legitimate right of their guardians and they cannot inherit the properties of their legal guardians and this is the prime reasons for which the Western countries and the UK/US court refuses the accept the validity of the Islamic adoption process herein.

10. “DHREIMA PUSHES FOR NEW LAW TO PROTECT QATAR’S ORPHANS”

As this research paper tries to focus on the situation of the Qatari law in relation to adoption and how Orphan Kafalah is adopted by Qatar in order to protect the orphans of the Arab countries herein, the article by the Doha News Team (2013) is attached to this research paper that shall focus on the news of how Qatar is implementing laws and ways to protect and take care of the orphans of the countries and how the organization of Qatar namely ‘DHREIMA’ is slowly and steadily changing the process of adoption herein.

Conclusion

In concluding the literature review, it is essential to remember that in order to protect and take care of the children of the Middle East, several organization and legal guardianship programs have been opened by many governmental authorities yet none of them provides with a steady solution as to the recourse of the international adoption program and how the Islamic countries could be more accepted before the Western laws. Hence, by taking help of these literatures, we shall try to focus on how the Western countries have rejected the Qatar law in adoption and what are the possible solution to this in order to provide better governance to the orphanage of the Middle Eastern countries herein.

ANS 3.

For the purpose of this research paper, the necessary studies in relation to the adoption program of the English law and other Western countries and Qatar and the relative Islamic countries have been concluded and the same has been described in the abovementioned literature review section as well.

Further, this research paper helps to strive to provide the world of the scholar with a separate case study on Qatar alone as in the segment of this country’s adoption, very few information is available and as such, with the help of this research paper the unique Orphanage situation of Qatar has been prescribed and described herein. The elements of Orphan Kafalah has been described and how the legal guardianship system of Qatar is different than rest of the Islamic countries herein (Mallat, 2000).

In order to prepare for this paper herein, I have concluded and researched the topic of adoption through several research papers that have conclusive proof of how the Islamic countries adoption has an adverse effect on the orphans of the country herein (Naqvi, 1980; Mallat, 2000, Kutty, 2014). The research papers of Rathmell (2000) and Brown (1997) has essentially provided with the analytical research on the subject with special reference to the different statistical orphanage situation of different countries herein and how Islamic Sharia law is a hindrance to the well being of more than 40 million orphans herein.

In order to evidence my research paper with special reference to the country Qatar and its law of the adoption herein, special news from the Doha News (2013) has been collected and different official governmental sites have been conducted in order to provide with better conclusive research herein.

Hence, to give this research paper a better quality and better framework, the Islam modern adoption proposal along with the historical debacle of the Islamic adoption has been discussed and regarded and the alternatives to the English common law in the subject of the adoption has been discussed as well. Also, with the help of this paper, a conclusive result with suggestions and reforms to the current existing Qatar law has been provided as well.

The research paper is duly accompanied by research goal, research objective and aims that has provided a constructive structure to the whole of the framework and the research questions have been duly answered with the existing literatures which has been discussed above herein.

ANS.4

The proposed topic of this research paper essentially focuses on the law of the Qatar and how legal guardianship has been adopted by Qatar. Even though several research papers and journal publication along with case studies can be found in relation to Islamic laws and the adoption therein in general, very few research papers can be found on the topic of Qatar law and how the Qatar law has affected the process of adoption herein. This research paper strives to focus on the detailed structure of the legal guardianship program of Qatar and how Qatar law has established this procedure to be of superior of the normal adoption program.

Again, focus has been shifted to the fact that Qatar law is slowly leaning on the concept of official adoption process and during the modern times, the country’s laws are being updated by the official governmental agencies. However, that is still a distant future and till then we shall study the in-depth cultural work of the different organizations of Qatar that works with the orphans and one of such important organization of Qatar is ‘Dhreima.’ In this research paper, we have focused on the functions of this instant organization and how this organization works in order to protect and take care of the orphan kids of the Arab countries herein.

This research paper shall not only be helpful for the purpose of the legal scholars but for the general public as this research paper shall focus more on the practical approach of Qatar and their laws on adoption or legal guardianship herein and this paper shall provide with the suggestions and possible reforms in the Qatar law that could provide a better measure to their country’s adoption procedure herein. Also, this paper shall focus on the functions of the English common law as well which shall provide the reader of this paper with a general view of their adoption program and the various case laws in relation to the validity of the adoptions done in the Islamic countries as it has been reflected in the research paper by Yassari (2015) and the balanced view of adoption between these two countries shall be clear and concise herein.

In conclusion, this paper shall strive to provide best suggestions and reforms that Qatar can adopt in order to do better in the segment of adoption herein and establish a collective relationship between the Qatar law, the Western laws such the English common law and the international curriculum in relation to adoption herein. The practical approaches of the legal system is essentially taken into consideration to understand the variety of the adoption program in Qatar herein and the comparative study between Qatar and English law shall be of extreme helpful not just in the world of the legal scholars or the legal science but in the case of the general public or layman who does not understand the complexities of these adoption issues of the English common law and Qatar law herein. As the research paper shall strive to provide more theoretical and description research methodology other than mathematical conclusion, it would provide a more comprehensible and concise details on the grounds of adoption and the concept of family law on a global parlance herein.

REFERENCE LIST

Brown, N. (1997). Sharia and State in the Modern Muslim Middle East. International Journal of Middle East Studies, 29(3), 359-376.

Doha News Team (2013). Dhreima pushes for new law to protect Qatar’s orphans [accessed on 31st August, 2021] < https://www.dohanews.co/dhreima-pushes-for-new-law-to-protect-qatars-orphans/ >

Kutty, Faisall. (2014). Islamic Law and Adoptions. VALPARAISO UNIVERSITY LAW SCHOOL

Mallat, C. (2000). Commercial Law in the Middle East: Between Classical Transactions and Modern Business. American Journal of Comparative Law. L., 48, 81.

Mona Abdul Fadl (1991). Beyond Cultural Parodes and Parodizing Cultures: Shaping a Discourse. The American Journal of Islamic Social Sciences. 8(1), 15-25

Naqvi, A. (1980). ADOPTION IN MUSLIM LAW. Islamic Studies, 19(4), 283-302

Rathmell, A., & Kirsten Schulze. (2000). Political Reform in the Gulf: The Case of Qatar. Middle Eastern Studies, 36(4), 47-62.

Rotabi, K.S., et al (2017). The Care of Orphaned and Vulnerable Children in Islam: Exploring Kafala with Muslim Social Work Practice with Unaccompanied Refugee Minors in the United States. J. Hum. Rights Soc. Work, 2, 16–24

Vijaysinh G. Sodha (2018). ADOPTION RIGHTS AND ISLAMIC JURISPRUDENCE. IJRAR, 5(4)

YASSARI, N. (2015). Adding by Choice: Adoption and Functional Equivalents in Islamic and Middle Eastern Law. The American Journal of Comparative Law, 63(4), 927-962.