Impact of Gender on Custody, Guardianship and Adoption: A Cross-Country Study of Bangladesh and Malaysia

Adoption is a taboo in Bangladesh but in Malaysia Adoption for life or Kafala is approved and practiced. Kafala denotes a system in which a child is adopted without any change of name from the natural father and the child does not inherit from the adopted father. The advantage of this system is that the child can be maintained for life by the adopted father and can be given gifts or Heba. This can be adopted in Bangladesh and will have a landmark impact on the legal, judicial, and social system.

Thus, this cross-country study will benefit both the countries to exchange ideas on Custody Guardianship and Adoption. Moreover, both countries have majority of Muslims and practice Muslim family or personal laws. Therefore, this extensive review of the the relevant judicial system and mechanism in the legal framework and processes for the enforcement of laws on women and children aims to evaluate the potentiality of Sharia law for better protection of women and children in relation to their rights of custody, guardianship, and adoption.

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