Legal Review Of The Disposal Of Newborn Children In The Perspective Of Islamic Law

Exile, Children, Islamic Law

Abstract

From an Islamic legal perspective, abandoning a newborn baby is forbidden and a major sin. This act is considered a serious violation because it goes against God's mandate, contradicts Islamic teachings on compassion and protection for children, and violates the child's right to life. Islamic law categorizes the crime of abandoning a newborn baby ascrime(crime) which can be in the form of neglect or murder, with consequences of punishmentta'zir(punishment handed over to the ruler) or, in the case of murder, may be imposedqisas(equitable punishment) depends on the differences of opinion of the scholars. Law enforcement against the crime of abandoning a newborn baby according to Islamic law can be categorized as a crime of murder (murder crime) if it causes death, or as a harmless measure if the baby is disposed of in a safe place. For perpetrators, the punishment varies depending on the perpetrator's intentions and his sect. If the intent was to kill, there are differing opinions regarding punishmentqisasordiyat. If there is no intention to kill, the perpetrator can be punishedta'zir