The Institution of Kafālah in Islamic Law: A Comparative Analysis of Foster Care and Child Nutrition in Pakistan, Malaysia, Egypt, Morocco and the United Arab Emirates

Abstract

This article examines the concept of foster care (kafālah) and child nutrition in Sharīʻah with particular emphasis on breastfeeding (rada’ah). Islamic law recognizes kafālah as a form of guardianship through which a child deprived of parental care is placed under the protection and support of another family without altering the child’s biological lineage. The study analyzes the foundations of kafālah through the Qur’an, Hadith, and classical Islamic juristic opinions. It further explains the significance of breastfeeding in Islamic law, which not only provides essential nutrition for the infant’s growth and development but also establishes a legal relationship between the foster mother and the foster child. The article also discusses the legal consequences of milk kinship, including the prohibition of marriage between individuals connected through breastfeeding. Additionally, the paper highlights the objectives of Sharīʻah in protecting vulnerable children by ensuring their welfare, nutrition, and upbringing in a safe and supportive environment. Through the institution of kafālah and the practice of breastfeeding, Islamic law provides a structured mechanism for safeguarding children who are deprived of family care while preserving their lineage and social identity.