How Has Guardianship Law Evolved In Pakistan Over Time?
Guardianship Law In Pakistan has undergone significant evolution since the country’s inception in 1947. This evolution reflects a broader shift from rigid colonial-era legislation and traditional interpretations of Islamic jurisprudence to a more child-centric and welfare-oriented legal framework. The transformation has occurred through legislative continuity, judicial interpretation, and changing societal values, particularly concerning the rights of women and children. 1. Colonial Foundations: The Guardians and Wards Act, 1890 The foundation of guardianship law in Pakistan lies in the Guardians and Wards Act, 1890 , a British colonial statute that still serves as the core legal instrument in guardianship matters. This Act established a uniform system for appointing and supervising guardians for minors, regardless of religious background. It gave courts the authority to appoint guardians based on the “welfare of the minor,” a principle that has continued to guide guardianship ...