Kidnapping And Trafficking Of Newborns: (Breaking The Family’s Spirit, Severe Legal Penalties, Necessary Precautions, And Sharia-Based Perspectives)

Abstract

The kidnapping and trafficking of newborns from hospitals represent one of the most dangerous crimes punishable by law. From the perspective of Islamic Sharia, such criminals are considered among the perpetrators of ḥirābah (armed robbery or waging war against society), and they are subject to severe discretionary (taʿzīrī) punishments, which may reach the level of execution and beheading, depending on the rulings established by Islamic judicial authorities. There is no doubt that such a heinous crime is highly deserving of these severe discretionary penalties.

Smuggling gangs around the world employ various devious methods to carry out their crimes, such as offering bribes to morally weak employees—both male and female—working in public and private maternity hospitals. They often exploit the negligence of those supervising newborns, and they may use force, swiftness, cunning, or even threats with weapons to achieve their malicious goals.

The research aimed to achieve several objectives, the most important of which are:

1. Providing Sharia-based answers to public inquiries regarding the phenomenon of newborn kidnapping and trafficking.
2. Compiling a set of scattered rulings and regulations related to this topic in one comprehensive study.
3. Demonstrating the ability of Islamic Sharia to offer appropriate solutions for emerging contemporary issues in people's lives.

This study concluded with a number of findings and recommendations, which are presented at the end of the paper.