After the Arab Spring revolution a lot of children suffered and were left as orphans. Some people from Arab Muslim countries, especially the Gulf States wanted to take care of the orphans. Under the Islamic law however it was a big issue. The children would not have the citizenship identity under the private law in civil law; furthermore their rights would be aggrieved. Initially, no one thought about how these government procedures would affect the children. If this issue was not addressed, the children would suffer and face many problems.
The problem regarding the name change would be in conflict with Islamic law. If the child had their original name under his/her biological father and family, once that child’s name is changed to their adoptive name, it would be in conflict to the Islamic law. On the other hand, if a child is found anywhere or in an abandoned situation after the civil war, the child could be given any name in order to maintain their citizenship rights. The government must change these laws to protect all children and guarantee their citizenship. I believe once these laws are implemented the orphaned children will live a good safe life.
I suggest the government in Arab Muslim Countries, and the Gulf States take a look at the current orphan situation and identify the Muslim children. This is needed, especially, if the children do not have relevant family in Syria. After identifying the Muslim children, they should be transferred to their country of origin and maintained in the government’s care. These children should be provided with a good education and nutrition services. The issue of citizenship would need to be discussed and a policy approved to protect the orphans in these countries. In the common sense of the word, I want to say, political interests should not outweigh human values. I want to tackle this problem in the Arab and Islamic nations before it gets out of hand. There are other countries that suffer from wars and they have no solutions to handle orphaned children.
The Gulf States countries must reform the civil and private laws to maintain the orphan's citizenship identity. Reforming the laws would benefit the child and it is encouraged by the Islamic law. There is no awareness surrounding these issues and the humanity value has gotten lost in the process.
Proposed Solution
The law reform that I am advocating is an inclusion of a clause on the citizenship rights for orphans. These laws would apply to children in countries such as Syria. The clause would contain a sub-clause that allows for the adoptive parents to name the child according to what they deem fit. The clause would also state that the child would be protected under the children’s rights act of any country in which the adoption process is established. To avoid conflicting Islamic laws, the reform, especially in the part of naming, should only be granted to orphans. The rest of the children would still be governed by the Islamic laws that refer to naming. The reform will ensure that children are protected from mistreatment after they are adopted (Hallaq, Wael, 470). There have been instances of child trafficking and abuse that this law would protect. The purpose of the law is to protect powerless children. The civil war in Syria is reason enough for the country to enact laws that will make adopting orphans easy. The proposed new clause would make it easier for Gulf States to adopt orphans and it will give the children an equal right to education.
I propose that the government in these Arab Muslim countries (Gulf States) review the current policies and come up with regulations that will assist needy children get help from well-wishers and families. For instance, the government can opt to transfer the children to their country, and take care of them in the modern orphanages where they can be offered good nutrition and education. In addition, they should also discuss the citizenship, identity of the children to be approved in all countries as a way of protection of the human race. I also propose that countries that are members of the Gulf States should consider the citizenship of the children in their orphanages. It is evident that these countries have good orphanages where children are taken care of and provided with basic amenities. However, these countries do not offer citizenship identity, and therefore, these children cannot identify themselves with the countries when they grow up. Consequently, I advocate that the Gulf State member countries should give citizenship identities to the children in order to ensure that they feel recognized and have identity.
Attempts to find families of these children have been extremely difficult for the Muslim families, despite their wishes to help the children. The current law is controversial and confusing. It states that if a child had an original name under his or her biological father, that the child is now required to change their names to their adoptive name. On the other hand, if a family finds a child, and wishes to adopt him or her, the adoptive family can give the child any name they wish in order to maintain their citizenship identity. This law is unfair and unjustly benefits children with no family history. The Gulf States have not adhered to these laws. The proposed western law would help and benefit Muslim children awaiting adoption in Gulf States, and it would protect their citizenship identity.
I encourage the Cooperation Council for the Arab States Gulf (CCASG) to review the Islamic Sharia Law. In addition, the Quran and the Sunnih should be used as main resources. These references could assist in implementing the citizenship identity to preserve the orphan's culture and citizenship rights. As a Muslim person, if the Honorable Prophet Mohammed was alive, he would not prevent the rights for orphan. Also, all of the monotheistic religions mention the orphan’s rights in their books. I think considering the international interest in this issue, it becomes important for the focus to remain on human value, especially the children.
