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All Journal Journal of Sharia and Legal Science
Mohammad Wildan Raja Mahasina
Sunan Gresik University, Indonesia
Religion Law, Crime, Criminology & Criminal Justice Social Sciences

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Child Adoption in Indonesia and Pakistan: A Comparative Analysis of Legal Frameworks and Regulatory Gaps Khusul Amalia; Hikmiyyah Hikmiyyah; Mohammad Wildan Raja Mahasina; Husnul Khatimah; Raisa Rahim
Journal of Sharia and Legal Science Vol. 4 No. 2 (2026): Journal of Sharia and Legal Science
Publisher : CV. Doki Course and Training

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61994/jsls.v4i2.2202

Abstract

This study aims to analyze the legal regulation of child adoption in Indonesia and Pakistan, as well as the legal implications arising from the presence or absence of specific adoption laws in both countries. Child adoption in Muslim-majority countries presents a legal challenge due to the interaction between Islamic legal principles and state law. This research employs a qualitative normative legal approach through library research, using a comparative method to examine legislation, court decisions, and relevant legal doctrines. The analysis is grounded in the theory of legal pluralism and the principle of the best interests of the child. The findings reveal that Indonesia has established a codified and institutionalized framework for child adoption, providing stronger legal certainty and child protection. In contrast, Pakistan relies on guardianship mechanisms under Islamic law without specific statutory regulation, resulting in limited legal certainty and protection for children. This study emphasizes that the existence of clear and codified regulations plays a crucial role in ensuring legal certainty, institutional accountability, and the protection of children's rights.  
Co-Authors Hikmiyyah Hikmiyyah Husnul Khatimah Khusul Amalia Raisa Rahim