“Criminalising abandonment encourages someone, already in a terrible situation, to make a worse decision to hide a baby.
“The classical fiqh does not try to legislate against promiscuity post facto, knowing that any such activity would harm the baby. In order to save the baby’s life, there can be no criminalisation of abandonment.
“There must be a safe and anonymous way a parent can hand over a baby to the care of someone else.”
International Institute of Advanced Islamic Studies (IAIS) Malaysia principal research fellow Dr Eric Winkel, on the classical position in Islamic jurisprudence or fiqh, which emphasises saving a baby’s life. Winkel argued that a child was at greater risk if baby dumping was criminalised.
He added that the desire to punish promiscuity must be a separate matter from ensuring the baby’s safety. His article also highlighted a few “baby hatch” programmes which have saved thousands of lives in various countries, including conservative societies. Youths should also be taught to “develop their own filters” to make good decisions and navigate the modern world with all its sexually charged messages, Winkel said. (Source: Focus on saving the life of the foundling, New Straits Times, 18 Aug 2010)
“Government can consider enacting a law to allow a parent to confidentially surrender a baby to any hospital emergency room or any designated place. The parent should also not be arrested or prosecuted.”
Wanita Gerakan deputy chief Ng Siew Lai, urging the cabinet to consider ways to help unmarried mothers instead of punishing them. Ng noted that the US had such laws in response to the problem of unwanted pregnancies.
She also said the women’s wing disagreed with the cabinet’s decision that baby-dumping cases be investigated as murder. Instead, counselling, rehabilitation, and sex education were better solutions. (Source: Baby Dumping: Help and Not Punish the Mothers, Wanita Gerakan press statement, 19 Aug 2010) -The Nut Graph
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good work
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