1 
 
 
CHAPTER 1 
INTRODUCTION 
 
 
1.1  GENERAL INTRODUCTION 
 The objective of this chapter is to provide an overview of the socio-legal 
perspectives on the prevalence of baby dumping in Malaysia. Baby dumping, in many 
cases arising from unplanned pregnancies or unwanted babies,1 is an ongoing issue that 
seems to be a growing global phenomenon. Moreover, there is an increasing concern 
that the statistics on incidents of this heinous crime have not shown any signs of decline 
but instead continues to be on the rise. An abandoned baby is also known as a 
“foundling” or laqit2 under Islamic law and baby dumping is also referred to as “child 
abandonment.”3 
 In Malaysia, there are incidents of baby dumping that lead to death. In such 
cases, the accused could be charged with murder, which carries the death sentence under 
the Penal Code of Malaysia (Penal Code). 4  In cases where the abandoned babies 
survive, different penalties will be applicable. Among the solutions proposed to counter 
the problem of baby dumping in Malaysia are the expansion of sex education in schools, 
calls for heavier punishment, and the establishment of baby hatches.5 The horrors of 
                                                             
1 John Teo, “Baby Dumping in Malaysia, unending tragedy,” www.malaymail.com. 23 January 2017. 
2 The word laqit in Arabic means ‘a child abandoned by his mother or his parents and found by others’. 
See Sujimon, M. S. 2002. The Treatment of the Foundling (Al-Laqit) According to the Hanafis, Islamic 
Law And Society, Vol. 9, No 3. 
3 Section 17(1)(e)(ii) of the Child Act 2001 states that an abandoned child is a child whose parents cannot 
be found or are unknown. The Child Act 2001 also defines a child as (a) person under the age of eighteen 
years.  
4 Malaysia. Penal Code (Act 574). Section 302.  
5 Gooch, L. 2010. “Malaysia Struggles with Baby Abandonment”. The New York Times. 8 December 
2010.  
 2 
 
this inhumane crime are highlighted in the following cases as reported in newspaper 
articles related to baby dumping in Malaysia. In one reported case in Malaysia, fifteen 
body parts of a newborn baby were found in a sewage treatment plant. It is believed that 
the suspects went so far as to destroy evidence by flushing the body parts down the 
toilet.6 In a case before this, a newborn baby girl was still alive when she was flung out 
from one of the upper floors of a flat in Petaling Jaya, Selangor.7 Although both the 
cases above have been classified under Section 302 of the Penal Code, the perpetrators 
have yet to be punished for their crimes. In another case of baby dumping, the accused, 
a factory worker, who allegedly caused the death of her newborn daughter was tried for 
murder in the Federal Court.8 It should be noted that this was the first murder charge 
involving baby dumping to be heard by the apex court in Malaysia, reflecting the 
seriousness of the issue of baby dumping in the country. 
 Such cases call to mind the Jahiliyyah9 period when female babies used to be 
buried alive because the Arabs at that time felt shame in having them as part of their 
family, as recounted in the Holy Qur'an where Allah says:  
 
“When news is brought to one of them, of (the birth of) a female (child), 
his face darkens, and he is filled with inward grief. With shame does he 
hide himself from his people, because of the bad news he has had! Shall 
                                                             
6 Bernama. 2015. “15 body parts of newborn baby found in sewage plant.” Malaymail Online. 18 May 
2015.  
7 Daniel, S. & A. Camoens. 2012. “Baby was alive when thrown” The Star. 18 September 2012. 
8Mageswari, M. 2014. Woman to be tried for murder in baby-dumping case, Federal court Rules. 
http://www.thestar.com.my/News/Nation/2014/09/04/mother-murder-charge-newborn-fed-ct/. 
Accessed 1 August 2014. 
9 Rooted in Jahila it gives out several meanings: to be ignorant, not to know; but also, to be foolish, to 
act foolish, to be irrational, disregard facts, to refuse to budge from an adopted position despite evidences, 
to affect ignorance, to pretend not to know. See 
http://islamicencyclopedia.org/public/index/topicDetail/id/475. 
 3 
 
he retain it on (sufferance and) contempt, or bury it in the dust? Ah! 
What an evil (choice) they decide on.  (Al-Quran, An-Nahl 16:58-59)”10 
 
 Infanticide today is not much different from the live burials of female babies 
during the Jahiliyyah period of the Arab civilization. The difference is that in today’s 
modern society, children are being thrown away and abandoned regardless of their 
gender. 
 Being a predominantly Muslim country11 where there are strict laws concerning 
sexual morality laws and enforced segregation of unmarried men and women, it is 
notable that baby dumping is rampant in Malaysia. Cases of baby dumping in Malaysia 
are still widespread despite the laws that are in place. The main factors leading to baby 
dumping include fear of the stigma associated with or shame for having a child out of 
wedlock, fear of punishment, lack of religious knowledge, lack of support from family 
members, and having a partner (father) who fails to take parental responsibility of the 
child.12  
 In addition to strengthening the laws relating to baby dumping (which require 
the intention behind the act of baby dumping to be proven first before a guilty verdict 
can be found), the public, concerned about the cases of baby dumping, has called for 
heavier penalties to be imposed as a deterrent to the crime. In this regard, it is believed 
that the root causes of the problem should be examined, investigated, and identified 
clearly before punishing the mothers. Research has found that many women who are 
                                                             
10 All Quranic translations in this paper are based on Abdullah Yusuf Ali. 1994. The Holy Qur’an, Text, 
Translation and Commentary. Kuala Lumpur: Percetakan Zafar Sdn. Bhd. Translations from other 
sources will be cited accordingly. Al-Quran, An-Nahl 16:58-59. 
11 Article 3(1) of the Federal Constitution of Malaysia states that Islam is the religion of the Federation; 
but other religions may be practised in peace and harmony in any part of the Federation.  
12 Berhanundin Abdullah, “Pembuangan Bayi Penyebab Wujudnya Anak Pungut dan Penyelesaiannya,” 
Journal Fatwa Management and Research (JFMR) Vol. 4, 2014.  
 4 
 
convicted of filicide (the act of a parent killing his or her child) tended to have 
experienced troubled childhoods13 and are themselves, victims of domestic violence.14 
Hence, it may not be just to punish these women who feel they have no control over 
their own lives due to traumatic past experiences.15 Meanwhile, some support the idea 
of not punishing these women since “it has been pointed out repeatedly that the death 
sentence does not act as a deterrent, but only satisfies the vindictive and punitive sense 
of justice which has no place in the civilised modern society”.16 Moreover, where the 
mental capacity of the offender is in question, it may be better to conduct psychological 
evaluation and offer counselling, rather than punishing.17 
 
 1.2  BACKGROUND OF STUDY 
1.2.1  Malaysian Laws  
 The objective of this subchapter is to gain a better understanding of the 
Malaysian legal system and the laws that are relevant in baby dumping cases. It is 
pertinent to note that one of the sources of law in Malaysia is English law. The following 
are the three statutes providing for the application of English law after the formation of 
Malaysia in 1963: (i) the Civil Law Ordinance 1956 in Peninsular Malaysia, (ii) 
Application of Laws Ordinance 1951 in Sabah, and (iii) Application of Laws Ordinance 
1949 in Sarawak. The Civil Law Ordinance 1956 was extended to Sabah and Sarawak 
                                                             
13Salmi Razali, 26 August 2014. “Don’t punish helpless woman”. The Star Online.   
14 Domestic violence comes in many forms, such as physical and sexual abuse, threats and intimidation, 
emotional and social abuse and financial deprivations. In most cases, the violence is often by men against 
the women. Halimah Awang & Sharon Hariharan, 2011, “Determinants of Domestic Violence: Evidence 
from Malaysia” Journal of Family Violence, J Fam Viol (2011) 26:459-464. 
15Salmi Razali, 26 August 2014. “Don’t punish helpless woman”. The Star Online.  
16Paul, J.M., 28 August 2014. “Death sentence is not the answer”. The Star Online.  
17 n.a. 19 September 2012. “Psych test for woman: 20-year-old who threw her baby to undergo 
evaluation.” The Star.  
 5 
 
by the Civil Law Ordinance (Extension) Order 1971 with effect from 1 April 1972. The 
Civil Law Ordinance 1956 is now known as the Civil Law Act 1956 (Act 67) (Revised 
1972) (CLA 1956)18 and it incorporates all three earlier statutes providing the statutory 
authority for the application of English law throughout the whole of Malaysia.19 Section 
3(1) of the Civil Law Act 1956 provides for the general application of English law in 
the absence of written law in Malaysia. This has led to Malaysia applying a dual system 
of laws: the civil law and Shariah law, as clearly provided for in Article 121(1A)20 of 
the Federal Constitution of Malaysia. Shariah law plays an important role in the country 
although it only applies to Muslims. Nevertheless, the jurisdiction of the Shariah courts 
is limited to personal laws matters of a Muslim and imposing fines of not more than 
RM5,000, and imprisonment of not more than 3 years.  
 In Malaysia, there are laws that have been enacted under the Shariah enactments 
to prohibit illicit relationships between unmarried Muslim couples. Section 27 of the 
Shariah Criminal Offences (Federal Territories) Act 1997 states that a man who is found 
alone together with a woman who is not married to him nor is related to him in the 
degree of mahram, in any secluded place or in a house or room under circumstances 
which may give rise to suspicion that they were engaged in immoral acts is liable to 
punishment.21  If found guilty, both man and woman shall be liable to a fine not 
exceeding three thousand ringgit or imprisonment for a term not exceeding two years 
or both.22 It is to be noted that this law is only applicable to Muslims. It appears that 
                                                             
18 Malaysia. 1956. Civil Law Act 1956. (Revised 1972). (Act 67) 
19 Wan Arfah Hamzah, 2009. A First Look At The Malaysian Legal System, Selangor: Oxford Fajar Sdn. 
Bhd. p. 129. 
20 Article 121 (1A) states, “The courts referred to in Clause (1) shall have no jurisdiction in respect of 
any matter within the jurisdiction of the Shariah courts.” 
21 Section 27, Shariah Criminal Offences (Federal Territories) Act 1997. 
22 Ibid.  
 6 
 
this law is ineffective in curbing close proximity/zina,23 probably due to its leniency. 
Although Shariah law has provided an ideal solution for the nation,24 it is unfortunate 
that the jurisdiction of the Shariah courts in Malaysia is limited to certain punishments 
and fines only.25  
 In Malaysia, most criminal offences are codified in the Penal Code. Consisting 
of 511 sections, the Penal Code is the primary legislation related to criminal offences 
that are punishable in Malaysian courts. The Penal Code is not the only piece of 
legislation relevant to criminal law, but all offences under the Penal Code shall be 
inquired into and tried according to provisions of the Criminal Procedure Code (CPC).26 
Criminal matters are heard by the civil courts but Shariah courts have limited 
jurisdiction over criminal matters. The law punishes the criminal without regard to 
religion, race, or nationality because the fundamental purpose of the law is to deliver 
justice; no criminal can escape punishment. The law in Malaysia prohibits the killing 
of oneself or another and the intentional killing of another may amount to murder except 
under specific circumstances prescribed in the Penal Code such as necessity, insanity, 
infancy, or where other relevant defences are provided for in the Penal Code. In the case 
of an unlawful killing of another, the accused may be charged for homicide or murder 
under the Penal Code, for example, when a baby dies in a baby dumping case. As far as 
baby dumping is concerned, it is argued that the law is inadequate and too general 
                                                             
23 Zina or adultery is prohibited in Islam. The prohibition of zina is clearly stated in Verse 2 of Surah An-
Nur: “The woman and the man guilty of adultery: for it is a shameful (deed) and an evil, opening the road 
(to other evils).” 
24 Mohamed, A.A.A & F.B.S. Baig, 2010. Prevention of Baby Dumping Phenomenon: The Islamic 
Perspective, Shariah Law Reports, Vol. 4, p. 64-82. 
25 However, the recent Private Member’s Bill on the Shariah courts (Criminal Jurisdiction) (Amendment) 
Bill 2016 which was allowed to be tabled in Parliament would increase the ambit of the Shariah courts 
in Malaysia if it is passed. See Amar Shah Mohsen, “We consulted BN on hudud bill: PAS”, 3 June 2016. 
The Sun. pg. 4. 
26Malaysia. Criminal Procedural Code. Act 593. 
 7 
 
because baby dumping resulting in death should be treated differently from other 
murder cases. More importantly, in addition to addressing the problem from a social 
perspective, the adequacy of the existing laws also need to be addressed to combat the 
problem of baby dumping in Malaysia.  
 The seriousness of the baby dumping issue in Malaysia can be observed from 
the statistics provided by the Royal Malaysian Police.27 A total of 67 cases of baby 
dumping were reported in 2005, 83 cases in 2006, 65 cases in 2007, 102 cases in 2008, 
79 cases in 2009, 91 cases in 2010, 98 cases in 2011, 89 cases in 2012, 90 cases in 2013, 
104 cases in 2014, 111 cases in 2015, and 115 in 2016.28 According to the statistics, a 
total of 517 babies were dumped between 2005 and 2011, out of which 287 were already 
dead when discovered. These are only the reported cases and do not include the 
unreported cases, suggesting the possibility that the numbers may be higher.  
 Although the statistics of baby dumping cases may not seem alarming, efforts 
should be made to curb the problem. The laws relating to baby dumping need to be 
analysed and reviewed to manage this problem. As part of this, the inadequacy of the 
existing laws should be scrutinised in order to provide better protection for babies.  
 
1.2.2 Baby Dumping 
 Malaysia is a melting pot of many cultures, religions, and ethnic groups from 
various regions and countries. Consequently, opinions may differ among the various 
                                                             
27Malaysian Royal Police. Statistics for baby dumping 2010-2014 from Crime Investigation Department, 
2014. 
28 Loshana K Shagar.  2017. “Baby Dumping cases on the rise over past four years”. Star Online, 26 
October 2017, retrieved on 15th September 2018 from 
http://www.thestar.com.my/news/nation/2017/10/26/baby-dumping-cases-on-the-rise-over-past-four-
years.  
 8 
 
ethnic groups about the imposition of harsh baby dumping laws. In the case of Muslims, 
an illegitimate child will have to face several issues concerning his/her legal status, such 
as genealogical relationship (nasab), maintenance, inheritance, marriage, and moral 
status.29 
 According to the statistics released by the National Registration Department of 
Malaysia, a total of 172,811 illegitimate children were recorded from the year 2010 
until 2018.30 Illegitimate children are classified into two categories: those who are born 
in wedlock but unregistered, and those who are born from zina.31 The escalating number 
of illegitimate children in Malaysia is a cause for concern because the stigma attached 
to illegitimacy could lead to higher numbers of baby dumping cases. Hundreds of baby 
dumping cases are reported in Malaysia every year, triggering proposals for imposing 
stricter law to curb the problem of baby dumping. Apart from proposals to amend the 
laws, other ideas have also been suggested. One such notable example was the 
establishment of a special school known as “Sekolah Harapan” set up in September 
2010 to enable pregnant teens to continue schooling. According to the chairman32 of the 
special school, Sekolah Harapan could only accommodate 30 teenagers at any one time; 
however, it had been receiving about 10 to 20 girls monthly on average. The school also 
received 50 to 60 applications from September to December 2011.33 The main purpose 
of the school is to prevent newborn babies born out of wedlock from being abandoned. 
                                                             
29Sujimon, M. 2010. The Problems of the Illegitimate Child in the Sunni Schools of Law. Kuala Lumpur: 
IIUM Press. p. 26 
30 Hafizah Iszahanid, “Pelihara anak tidak sah taraf ikut syariat, kemanusiaan”, Berita Harian, 5 April 
2019.  
31 Ibid.  
32 Datuk Abdul Rahaman Abdul Karim is the chairman of the special school. 
33 n.a. 16 December 2011. “Renewed Hope For 82 Babies, School For Pregnant Teens Kept Busy”, The 
Star, Kuala Lumpur: p. 26 
 9 
 
Nevertheless, social ills such as baby dumping and premarital sex among teenagers and 
young adults are still on the rise despite attempts to curb the problem.  
 The urgency of tackling the problem of baby dumping is evident from the many 
newspaper articles reporting that the government of Malaysia considers baby dumping 
to be a serious issue that needs to be addressed immediately.34 This can be seen from 
the steps taken by the Ministry of Women, Family and Community Development to 
devise preventive strategies and create awareness among the public. Another indication 
of how seriously the government of Malaysia treats this matter is the launch of the anti-
baby dumping campaign in North-South Expressway (Plus) rest areas, one of the 
hotspots for baby dumping.35 The government has implemented locality mapping and 
strategic intervention plans for places identified as baby dumping hotspots, through 
cooperation with the Royal Malaysia Police.36 According to official data, seven in ten 
infants abandoned are typically found dead and even the majority of those discovered 
alive usually do not survive. The issue of baby dumping clearly needs to be tackled 
urgently and should no longer be considered as a passing issue.  
 It is further reported that the main baby dumping sites are: housing areas, with 
266 cases recorded between 2010 and 2018; public toilets, with 108 cases; and rubbish 
dumps, with 89 cases.37 As part of the anti-baby dumping campaign, the Ministry urged 
teenage girls and women with unplanned pregnancies who needed help to contact the 
                                                             
34 Joseph Kaos Jr, “Wan Azizah: Baby dumping cases need to be tackled urgently.”  The Star.   28 June 
2019. 
35 Ibid 
36 Emmanuel Santa Maria Chin, “With 7 in 10 infants found dead, Dr. Wan Azizah starts campaign to 
curb baby dumping.” Retrieved from https://www.malaymail.com/news/malaysia/2019/06/28/with-
seven-in-10-infants-found-dead-dr-wan-azizah-starts-campaign-to-curb-b/1766363 28 June 2019. 
37 Azura Abas, “Govt going all out to add growing baby dumping issues” 28 June 2019. Retrieved from 
https://www.nst.com.my/news/nation/2019/06/499856/govt-going-all-out-address-growing-baby-
dumping-issue-nsttv  
 10 
 
Ministry’s “Talian Kasih” hotline at 15999.38 According to a news report, Malaysia is 
recording an upward trend of baby dumping cases, with 103 incidents recorded in 2014; 
111 cases in 2015; 115 cases in 2016; 120 cases in 2017; and 128 cases in 2018.39 
Although the numbers may not seem alarming, the increase in the number of cases 
reported is worrying.  
 The establishment of Malaysia’s first “baby hatch” – OrphanCARE is among 
other measures taken to address the issue of baby-dumping. OrphanCare provides an 
avenue for desperate mothers to anonymously give away their unwanted babies who 
will be put up for adoption. On 29 May 2010, OrphanCARE launched its baby hatch in 
Petaling Jaya, Selangor. According to OrphanCARE, many of those who abandoned 
their babies are still very young and tend to resort to such extreme measures because of 
the burden of social stigma and legal implications of having a child out of wedlock, 
compounded by the feeling of hopelessness.40 It is crucial to note that the establishment 
of the baby hatch has been the subject of intense debate; critics argue that the initiative 
encourages premarital sex. The initiative has also been subjected to considerable 
criticism for being a burden on the taxpayers. According to the President of 
OrphanCARE41, ever since the baby hatch started its operation in 2010, it has received 
a total of 51 babies and in line with its motto “Every Child Needs a Family”, all of them 
have placed with carefully selected loving families. The main objective of 
                                                             
38 Joseph Kaos Jr, “Wan Azizah: Baby dumping cases need to be tackled urgently” 28 June 2019 
39 Azura Abas, “Govt going all out to add growing baby dumping issues” 28 June 2019. Retrieved from 
https://www.nst.com.my/news/nation/2019/06/499856/govt-going-all-out-address-growing-baby-
dumping-issue-nsttv  
40n .a. 27 March 2012. “OrphanCARE Selamatkan 51 BayiSejak 2010”, Berita Harian, Kuala Lumpur: 
p. R1 
41 Tan Sri Faizah Mohd Tahir is the President of OrphanCARE. 
 11 
 
OrphanCARE is to place orphans into loving homes as orphanages lack the necessary 
nurturing environment that can only be provided by a stable family.42 
 
1.3  LEGAL FRAMEWORK FOR CHILDREN’S RIGHTS 
 The current research on children’s rights are considered within three different 
legal frameworks: (i) international legal framework; (ii) national legal framework; and 
(iii) Islamic legal framework. Under the United Nations Convention on the Rights of 
the Child (UNCRC), parents are responsible to care for their children. 43  Hence, 
abandoning a child would be in violation of the convention and action could be taken 
against parents who fail to carry out their responsibilities in caring for their own 
children. Article 7 of the UNCRC states that every child has the right to know and to be 
cared for by his parents.44 Additionally, it should be noted that it is the right of every 
child to be cared for by his/her biological parents. In cases where the child is adopted, 
a dispute usually arises as to whether the foster parents should be allowed to continue 
to care for the child or be asked to return the child to the birth parents. The foster parents 
have no legal authority to retain the child unless the foster parents had taken the 
appropriate legal steps beforehand. This leads to a number of problems for the children 
considering that they have to adapt to the surroundings as well as changes from being 
under the care of their foster parents to their birth parents.  
 
                                                             
42 n.a. 27 March 2012. “OrphanCARE Selamatkan 51 Bayi Sejak 2010”, Berita Harian, Kuala Lumpur: 
p. R1 
43 Article 18, UNCRC. 
44 Article 7, UNCRC. 
 12 
 
 The UNCRC also provides that children have the right to be protected from 
violence, abuse and neglect.45 From the perspective of a dumped child, being abandoned 
is one of the most harmful things that could happen to him/her and could be considered 
a form of abuse. Moreover, existing evidence clearly shows the adverse impact on 
children left in the care of public or private institutions. This thesis will focus on 
international law, including UNCRC, on the issue of harm and abuse, particularly in the 
context of baby dumping.  
 Within the national legal framework, the Federal Constitution of Malaysia sets 
out fundamental human rights which include the liberty of the person;46 prohibition of 
slavery and forced labour;47 and rights in respect of education.48 Such rights are also 
extended to children. Apart from that, the current research is based on two important 
statutes, namely the Child Act 2001 and the Penal Code. The Child Act 200149 is an act 
that consolidates the Juvenile Courts Act 1947, the Women and Young Girls Protection 
Act 1973, and the Child Protection Act 1991. The Act was enacted to fulfil the 
obligations of the country under the UNCRC. Specifically, the Child Act 2001 imposes 
severe punishments for child trafficking, abuse, molestation, neglect, and abandonment. 
Furthermore, there are five categories of protection under this Act: children in need of 
care and protection; children in need of protection and rehabilitation; children beyond 
control; trafficking and abduction of children; and children who commit a criminal 
offence. The Act defines a child as a person under the age of eighteen years, while 
                                                             
45 Article 19, UNCRC 
46 Malaysia. Federal Constitution. Article 5 (1) states that no person shall be deprived of his life or 
personal liberty save in accordance with law. 
47 Malaysia. Federal Constitution. Article 6 (1) states that no person shall be held in slavery. 
48 Malaysia. Federal Constitution. Article 12 (1) states that without prejudice to the generality of Article 
8 (Equality), there shall be no discrimination against any citizen on the grounds only of religion, race, 
descent or place of birth.  
49Malaysia. Child Act 2001. Act 611. 
 13 
 
indirectly defining an abandoned child in one of its provisions as a child whose parents 
are untraceable. 
 On a related note, the Domestic Violence Act 1994 (Act 521) (DVA) provides 
for the protection of children against violence within the family. The DVA was 
amended recently to expand statutory protection to every single family member.50 
Although the DVA does not directly impose punishment for baby dumping specifically, 
any act including physical abuse towards any family members 51  that may lead to 
depression could result in the offender being charged under the DVA. When it comes 
to baby dumping or any act directly and indirectly linked to it, the DVA should be read 
together with the Penal Code. It should be noted that children’s deaths, especially deaths 
of abandoned babies, are investigated under Section 302 of the Penal Code for murder. 
The police used to classify abandoned baby cases under Section 302 of the Penal Code 
(murder) and Section 307 (attempted murder).  
 
1.3.1 Islamic Law 
 Under Shariah law, baby dumping is a sinful act as the law declares the right to 
all life as inviolable. According to Sardar Muhammad Iqbal Mokal, “a crime is an act 
of commission or omission, contrary to municipal law, tending to the prejudice of the 
community for which punishment can be inflicted as the result of judicial proceeding 
taken in the name of state.”52 This shows that any act of a person that may prove harmful 
to another person’s life to which the former has no right is a crime and would necessitate 
                                                             
50 The Domestic Violence (Amendment) Act 2017. 
51 Arfa Yunus, 3 April 2017,” Domestic Violence Act 2017: Godsend for abuse victims of both genders” 
retrieved at https://www.nst.com.my/news/2017/04/226747/domestic-violence-act-2017-godsend-
abuse-victims-both-genders  
52 Sardar Muhammad Iqbal Mokal, Law Terms and Phrases, 273 
 14 
 
the obligation of penalty on the former. In Shariah law, the blood of a human being is 
sacred as clearly illustrated in the Qur’an to the effect: 
 
“Whoever kills a person for other than manslaughter or corruption in 
the land, it shall be as if he had killed all mankind, and who ever saves 
the life of one person, it shall be as if he had saved the life of all 
mankind.”53  
 
Similarly, in the Prophet’s (s.a.w) last pilgrimage, he declared: 
 
“Your blood, your property and your prestige are as sacred as the city 
(Haram of Makkah) and this day (day of Arafah).”54 
 
 The Qur’anic verse and the Hadith prove that life is sacred, and nobody is 
allowed to take the life of another. The act of baby dumping would most likely fall 
under the punishment of Qisas (retaliation) in Shariah law as illustrated in Surah 2: 178 
which states:  
 “O you who believe! Retaliation is prescribed for you in the case of murder.”55 
 According to Sunnah Abu Daud, “whoever intentionally causes death to a 
person shall be liable for Qisas i.e death unless the victim’s heirs forgive him.”56 
Shariah law considers baby dumping to be a sinful act and imposes a heavy punishment 
on the offender because the life of another person is considered sacred and needs to be 
given full protection.  
The spirit of Shariah law must be in line with the maqasid al-Shariah as 
explained by Iman Abu Hamid al-Ghazali, a prominent and highly respected reformer 
in the 5th century of Hijrah who classified the maqasid into five major categories. 
                                                             
53 Al-Quran. Al-Maidah. 5:32.  
54 Muslim, Ibn al-Hajjaj al-Qushairi, Sahih Muslim, 248. 
55 Al-Quran. Al- Baqarah. 2:178. 
56 Sunan Abud Daud, Vol II, 187. 
 15 
 
According to him, “the very objective of the Sharī‘ah is to promote the well-being of 
the people, which lies in safeguarding their faith (dīn), their self (nafs), their intellect 
(‘aql), their posterity (nasl), and their wealth (māl). Whatever ensures the safeguard of 
these five serves public interest and is desirable, and whatever hurts them is against 
public interest and its removal is desirable.”57 In the above quotation, al-Ghazali has 
placed great emphasis on safeguarding the five maqāsid namely: faith (dīn), the 
human self (nafs), intellect (‘aql), posterity (nasl) and wealth (māl). It clearly shows 
that the Shariah law approach to the issue of baby dumping is a holistic one consistent 
with the maqasid al-Shariah. 
 Malaysia applies a dual system of law as provided for in Article 121(1A)58 of 
the Federal Constitution: the civil law and Shariah law. Based on Article 121(1A), 
Shariah law plays an important role in the country even though it is only applicable to 
Muslims and its jurisdiction is confined to personal and family matters only. The 
Shariah courts’ jurisdiction is limited to imposing fines of not more than RM5,000, 
and imprisonment of not more than 3 years.  
 In Malaysia, laws have been passed under the Shariah enactments to prohibit 
illicit relationships between unmarried Muslim couples. Section 27 of the Shariah 
Criminal Offences (Federal Territories) Act 1997 provides that a man who is found 
alone together with a woman who is not married to him nor is related to him in the 
degree of mahram, in any secluded place or in a house or room under circumstances 
may give rise to suspicion that they were engaged in immoral acts including the act of 
                                                             
57 Muhammed Umer Chapra, The Islamic Vision of Development in the light of Maqasid Al Shariah, The 
International Institute of Islam Thought, London, 2008, 3-4. 
58 Article 121 (1A) stated that “The courts referred to in Clause (1) shall have no jurisdiction in respect 
of any matter within the jurisdiction of the Shariah courts.” 
 16 
 
close proximity (zina). If found guilty, both man and woman shall be liable to a fine not 
exceeding three thousand ringgit or to imprisonment for a term not exceeding two years 
or to both.  
 Baby dumping often takes place in the context of a pre-marital relationship. It 
is important to understand that Islamic law prohibits illicit relationships between a man 
and a woman. The Sunni jurists have identified certain methods to establish illegitimacy 
in Islam and classify child illegitimacy into three categories. The first category is zina59 
or adultery which is described as an act of engaging in illicit sexual relations and is 
considered the strongest reason for the illegitimacy of a child. The second category 
concerns children from within a legitimate union but who are rendered illegitimate 
under certain circumstances. A clear example is the case of imprecation (lian) whereby 
a husband accuses his wife of committing adultery, leading him to deny the paternity of 
a child born to his wife. Finally, the third category is where a child is born from a 
marriage of an unlawful union. This includes cases of deliberate marriage to women 
who are prohibited from the marriage by reason that they are mahram (close relatives 
prohibited from marriage), or a union established through polyandry, followed by taking 
a fifth wife. 
 At this juncture, it would be useful to clarify the definitions of certain words and 
phrases that are commonly used in this thesis. The term “criminalising” comes from the 
root word “crime” which can be described as an act, default, or conduct that is 
prejudicial to the community, the commission of which by law renders the person 
                                                             
59Zina means wilful sexual intercourse between a man and a woman who are not, and do not suspect to 
be, validly married to each other. Zina is prohibited in Islam. See Anwarullah. 1997. The Criminal Law 
of Islam. Kuala Lumpur: A.S. Noordeen. p. 113. 
 17 
 
responsible liable for punishment by fine or imprisonment in special proceedings, 
normally instituted by officers in the service of the Crown. 60 
 
1.4 PROBLEM STATEMENT 
 The current research is conducted based on the notion that failure to criminalise 
the act of baby dumping may cause a rise in the number of baby dumping cases. As 
things go, it is often difficult to make a case against the offender because there no 
specific laws defining the crime of baby dumping and prescribing the relevant 
punishment. It is argued that law should be amended to criminalise the act of baby 
dumping specifically and to formulate a clear and precise definition of baby dumping. 
For example, where a baby is left at a baby hatch, such an act should be expressly 
excluded from the ambit of the crime. 
 
1.5 RESEARCH QUESTIONS 
 The present study seeks to answer the following specific research questions: 
1. What are the laws relating to children’s rights from both the international law 
and Islamic law perspectives? The analysis of international law and Islamic laws will 
be undertaken to determine whether babies are given adequate legal protection. Can the 
rights of children be upheld?  
2. What are the laws under the Malaysian legal framework that protect the rights 
of children and prohibit baby dumping? What are the punishments applicable to crimes 
related to baby dumping under the Malaysian legal framework? What are the alternative 
                                                             
60Rutherford, L & S. Bone, Osborn Concise Law Dictionary, London: Sweet & Maxwell Limited.  
 18 
 
measures to combat baby dumping, for example, awareness programmes and baby 
hatches? 
3. Should a specific offence for baby dumping be considered under Malaysian 
criminal law? In addressing this question, the relevant laws discussed above will be 
analysed, in particular, the Penal Code. What would be the rationale for criminalising 
baby dumping in Malaysia? Who should bear the responsibility to push for the 
legislation of laws to criminalise baby dumping? 
4. How are baby dumping cases being treated in Malaysia and other countries? The 
laws in the England & Wales and the United States will be assessed and compared with 
Malaysian laws to evaluate the severity of punishment and effectiveness of the laws in 
curbing the problem of baby dumping. The next concerns precedents on punishment 
and sentencing for baby dumping cases in Malaysia and other countries. To address this 
question, the current research aims to evaluate past and current cases related to baby 
dumping. Although some of these cases may not be directly related to baby dumping, 
they may involve the maltreatment of babies and children by parents or the infliction of 
corporal punishment on children, which is common in Malaysia. These cases will be 
juxtaposed against cases in other countries such as the England & Wales and the United 
States, to determine which laws would be more applicable and useful to be incorporated 
into Malaysian law. More importantly, the punishment in those cases will be evaluated 
based on their facts and the opinions of the judges.  
  
 
 19 
 
1.6 RESEARCH AIMS AND OBJECTIVES 
 The current research aims to examine the adequacy of laws in combatting baby 
dumping in Malaysia. Accordingly, the present study will incorporate both social and 
legal perspectives. The relevancy of the laws towards the decrease in the number of 
baby dumping cases is analysed supported by views of the experts and laymen on the 
matter. The objectives of this thesis are as follows: 
1. To analyse the rights of children under international law and Islamic law. 
2. To examine the rights of children under the Malaysian law perspective.  
3. To study and examine the criminalisation of baby dumping in Malaysia and 
other countries. For the current research, any law relevant to baby abandonment that 
may either lead to death or not will be evaluated considering since there is no consistent 
definition of the term of baby dumping in Malaysia at present. The laws will then be 
examined and compared to the provisions of the Penal Code as well as the Child Act 
2001. 
4. To analyse the laws from the perspective of other jurisdictions and to determine 
the most suitable laws to be adopted in Malaysia. In particular, laws relating to baby 
dumping in the United Kingdom and the United States will be analysed for their 
suitability. 
 
1.7 LITERATURE REVIEW 
 The origins of the socio-legal approach can be traced back to 1972 when a group 
of academic lawyers and social scientists got together to organise socio-legal 
 20 
 
conferences.61 The group later on developed into the Socio-Legal Studies Association 
(SLSA) in 1990. 62  The association conceived of socio-legal studies embraces 
“disciplines and subjects concerned with law as a social institution, with the social 
effects of law, legal processes, institutions and services and with the influence of social, 
political and economic factors on the law and legal institutions.” Thus, it was the 
starting point of the socio-legal approach which has continued to develop. The 
difference between this thesis and others is that the writer discusses baby dumping in 
Malaysia in the socio-legal context. A socio-legal treatise is necessary because baby 
dumping, being a societal ill, must be understood within a sociological context.  
 The framework of the current research covers an extensive range of social and 
legal studies on the adequacy of the law in combatting the issue of baby dumping in 
Malaysia. Currently, there is no specific definition of the concept of “social norms”. 
Nevertheless, it is important to understand that the concept specifically covers a wide 
spectrum ranging from moral and political principles, expectations that guide behaviour 
to requirements which may be coercive, binding and carry punishment when breached. 
Social norm, in the present case, refers to a far-ranging context on the response of 
criminal justice towards infanticide. Infanticide is described as the act of women who 
killed their newborn illegitimate babies. In such cases, it is claimed that they ought to 
be treated leniently compared to other killers considering the social context in which 
the crime took place and how women who killed their illegitimate babies were within 
the context, understood. Accordingly, the issues of infanticide are to be discussed 
interchangeably with baby dumping as the crime of infanticide is committed by mothers 
                                                             
61 Feenan D. 2013. Exploring the ‘Socio’ of Socio-Legal Studies. In: Feenan D. (eds) Exploring the 
‘Socio’ of Socio-Legal Studies. Palgrave Macmillan Socio-Legal Studies. Palgrave, London. p.4. 
62 Ibid. 
 21 
 
who cannot parent their child under the circumstances dictated by their unique position 
in place and time.63 Similarly, the offender could not parent the child due to certain 
circumstances in the case of baby dumping. In most cases, the offence often comes with 
punitive penalties imposed on the offender. However, an infanticide offender garners 
much sympathy because the woman is usually left alone to bear the burden of an out of 
wedlock pregnancy or because the crime took place in the context of a concealed and 
unassisted birth which could affect the woman’s mind. Hence, these social factors need 
to be considered when punishing the wrongdoer. Apart from that, it must be considered 
that sympathy also comes from the judiciary as their professional status in society and 
their privilege allow them to show mercy towards the “unfortunate”, “poor”, “young 
girls” who killed their illegitimate newborn babies. Nevertheless, the authorities are 
obligated to decide every case accordingly and not be biased 64  despite being 
sympathetic. Meanwhile, the Irish criminal court justice (from the 1920s to 1940s) had 
consistently adopted a lenient approach to those charged with murdering their newborn 
illegitimate children. “For motives of humanity”, prosecutors avoided charging the 
offender with murder but instead would opt for concealment of birth unless there is 
evidence to the contrary. This was supported by the statistics that reveal that very few 
were convicted despite a total of 160 women who appeared at the Central Criminal 
Court (CCC) on a charge of murdering their babies between 1924 and 1949. A possible 
explanation for this is that jurors usually refuse to convict of murder at trials. However, 
it should be noted that most cases (70%) did not proceed to trial because the state 
                                                             
63 CL Meyer and M Oberman, Mothers Who Kill Their Children: Understanding Acts of Moms from 
Susan Smith to the ‘Prom Mom’ (New York/ London: New York University Press, 2001) p. 2 
64Karen, B.  2018. “Social Norms and the Law in Responding to Infanticide” in Legal Studies, Capturing 
the broad range of interest across legal scholarship, Cambridge University Press. p. 48. 
 22 
 
accepted a plea of guilty to manslaughter or concealment of birth.65 It has been generally 
accepted that women who killed their illegitimate babies at or soon after a concealed 
birth deserve a compassionate criminal sanction for a less serious offence.66 Thus, it is 
clear that the social aspects pertaining to baby dumping need to be analysed in addition 
to punishing the wrongdoer. Moreover, the courts should consider both perspectives 
before action is taken against the offender. In conclusion, laws alone are not adequate 
in combatting the issue because it would be more effective to examine the reasons for 
the commission of the act and to treat each act on a case-to-case basis.  
 In the past, the issue of baby dumping was not addressed openly as it was viewed 
as taboo, and the public considered it to be an isolated issue. However, many non-
governmental organisations (NGOs) are now voicing their concerns and views as 
solutions are needed to tackle this issue. In a recent newspaper article, two NGOs have 
been reported to extend a helping hand to young women in a bid to reduce baby 
dumping.67 Recognising that being too young and getting pregnant out of wedlock are 
among the reasons for women dumping their babies, OrphanCare Foundation operates 
baby hatches and offers a host of services including counselling and adoption 
arrangements to tackle the issue. The chief executive officer of Yayasan Chow Kit 
(YCK) has been quoted as saying that it takes two to get pregnant, but men get away 
with it and it is the women who have to face the consequences. She further urged society 
to be less judgmental, to help empower unfortunate mothers and to be more supportive. 
She also opined that there will be a higher incidence of women dumping their babies if 
                                                             
65 Ibid. 
66 Ibid. 
67 Joseph Kaos Jr., “Tackling Baby Dumping: “It takes two to get pregnant but men get away” 28th June 
2019, retrieved from http://www/thestar.com.my/news/nation/2019/04/04/tackling-baby-dumwithit’  
 23 
 
there is no change in mindset. Unless and until appropriate action is taken and priority 
is given to protect and save the lives of babies, baby dumping will continue to take 
place.  
 On the other hand, in another report, the head of the non-profit NGO, Voice of 
the Children, has opined that unwed mothers should not rely on NGOs and the welfare 
department for support but instead, families and communities need to be engaged so 
that the support comes from within. Hospitals and maternity clinics need to be safe 
spaces for women and girls to deliver their babies without fear of being reported and to 
provide a place where babies can be received if the mothers are unable to care for them. 
The ultimate goal is to save the lives of innocent babies, but the welfare of the mothers 
should also be considered. Fear of punishment for conceiving a child out of wedlock 
should be addressed carefully to ensure that the lives of the mother and child are not 
jeopardised.  
 Malaysia as a predominantly Muslim country has many obligations and duties 
to uphold to protect its Muslim society. Accordingly, it is important to address the issue 
of baby dumping with utmost urgency because it is the repercussion of other social ills 
such as premarital sex that leads to unwanted pregnancies. Premarital sex and adultery 
are forbidden in Islam because of their severe negative effects on individuals and society 
as a whole. In the Holy Quran, Allah says: 
 
“Do not approach adultery; fornication is indeed an abomination and an evil way”. 
(Al-Quran: Al-Israa' 17:32) 
 
 24 
 
 According to Modie-Moroka, baby dumping involves leaving a child where they 
may or may not be found by others.68 The rise in the cases of dumping newborn babies 
in Malaysia is alarming. Serious attention needs to be given to manage this problem 
before it gets any worse and becomes impossible to handle. It is argued that the women 
who are involved in baby dumping cases generally tend to be lacking in emotional 
maturity, problem-solving abilities, and possess inadequate coping skills. Bradley has 
identified several reasons for killing and/or discarding infants, and they include 
extramarital paternity, rape, illegitimacy, incestuous relationships, and perceiving the 
child as an obstacle to personal achievements.69 Furthermore, Mohamed attributes the 
causes of rampant incidents of baby dumping in Malaysia to unwanted pregnancies, 
rapid urbanisation, poor parenting control, and peer influence.70  
 According to Sandra Cesario,71 the practice of abandoning a baby shortly after 
birth has always existed with varied motives that are commonly dependent upon the 
social norms of a specific geographic region at a given point in time. Nevertheless, 
practical measures must be taken to curb this crime against humanity. It should be noted 
that one of the significant demographic changes in many societies throughout the world 
has been the rise in the number of families headed by single mothers. Reasons for this 
change include the increased rates of divorce and marital separation and an increase in 
                                                             
68Modie-Moroka, T. 2011. Infanticide, baby-dumping and abandonment in Botswana: Implications for 
research, policy and practice. In T. Maundeni& M. Nnyepi (Eds.), Reflections on children in Botswana. 
The United Nations Children Fund (UNICEF), Botswana Country Office. 
69Bradley, D. 2003. Perspectives on newborn abandonment. Pediatric Emergency Care, Vol. 19(2), 
pp.108–111. 
70Mohamed, A.A.A & F.B.S. Baig, 2010. Prevention of Baby Dumping Phenomenon: The Islamic 
Perspective, Shariah Law Reports. Vol. 4. p. 64-82. 
71Cesario. K.S. 2003. Nurses’ Attitudes and Knowledge of Their Role in Newborn Abandonment: The 
Journal of Perinatal Education, Vol.12 [Online]. Available: 
http://www.ncbi.nlm.nih.gov/PMC7article/PMC-1595152/ (Accessed: 30-04-2014). 
 25 
 
the proportion of mothers without partners.72 Avison believes that the family institution 
plays a vital role in shaping the minds and emotional stability of children. Accordingly, 
moral values, social etiquette, and religious knowledge should form a vital part of 
parenting future generations both at home and in school.73 While parents are responsible 
for shaping the moral development of their children, schools, learning centres, and the 
government should also play their respective parts. As the saying goes, “it takes a 
village to raise a child.” 
 Over the past years, baby dumping cases have been constantly reported in local 
newspapers in Malaysia. The prevalence of baby dumping has not only damaged the 
reputation of the country but is a sign that the existing laws need to be reviewed as they 
are no longer capable of addressing this social issue. The issue is whether or not the act 
of baby dumping should be criminalised since the prevailing local laws have yet to 
define the term “baby dumping”. Moreover, the punishment for baby dumping has 
always been debated and it seems insufficient to rely solely on the provisions of the 
Penal Code. Therefore, the current research aims to analyse the crime committed against 
dumped babies, who are the unrepresented victims, as part of the effort to criminalise 
the act of baby dumping.  
 The phenomenon of unwed mothers in a country like Malaysia is a challenge 
that comes with impending outcomes of globalisation and modernisation regardless of 
race, ethnicity, and religion. 74  By citing urbanisation and globalisation as factors, 
                                                             
72Avison, W. R. 1997. Single motherhood and mental health: implications for primary prevention. 
Canadian Medical Association Journal. 3,156-661. 
73Ibid. 
74Nordin, N., Wahab, R. A. and Yunus, F. W. 2012. Psychological Well-Being of Young Unwed Pregnant 
Women: Implications for extension education and programs, Social and Behavioral Sciences Vol. 68.p. 
700 – 709. 
 26 
 
Nordin, the author of “Psychological Well-Being of Young Unwed Pregnant Women: 
Implications for Extension Education and Programs,” is not merely proffering a shallow 
excuse. On the contrary, such an assertion serves to demonstrate the lack of public 
awareness, people skills, and the continuous decay in the morality of each ethnicity to 
a certain extent, specifically in a developing country like Malaysia. Hence, it seems 
incompetent to merely label this as a “culture shock” because the term itself fails to 
encompass the degrading behavioural attributes of teenagers in today’s world. 
Furthermore, this phenomenon reflects a lack of understanding about the effects of 
urbanisation and globalisation which have led to barbaric crimes such as baby dumping, 
an imminent result of their wantonness, and lack of self-control. 
 Considering that abandoning or discarding an infant is a complex issue, the 
implications and risk factors are likely to be diverse. This is evident from the differences 
between the profile of a parent who abandons the baby to be found (either legally or 
illegally) in a findable location and one who leaves the child in an isolated location.75 
Moreover, denial of pregnancy has been identified as a key risk factor for dumping or 
killing pre-born babies.76 Additionally, it should be noted that baby dumping cases tend 
to pose more serious implications than abortion because it not only affects the individual 
but also society as a whole. In particular, the individual is most likely to suffer mentally 
and emotionally and have feelings of guilt throughout her entire life.77 According to 
                                                             
75Sherr, L. Mueller, J. Fox, Z. 2009. Abandoned babies in the UK – a review utilising media reports, 
Child: Care, Health and Development, Vol. 35(3). p. 419–430. 
76  Marks, M.N. 1996. Characteristics and causes of infanticide in Britain, International Review of 
Psychiatry, Vol. 8. p. 99–106. 
77Noordin, N., Zakaria, Z., Sawal, M. Z. H. M., Hussin, Z. H., Nordin, J. and Ngah, K. 2012. Future 
Leaders’ Perception on Baby Dumping Issues In Malaysia, International Conference on Economics 
Marketing and Management IPEDR, International Journal of Trade, Economics and Finance, Vol. 3(1), 
p. 137-144. 
 27 
 
Philpot, 78  babies who are abandoned at birth will face the problem of lifetime 
uncertainty regarding their identity and genetic heritage, while the act is a demonstration 
of the reality of domestic violence and poverty experienced by women. Unfortunately, 
Philpot’s views are not too far off considering that a large number of women who are 
victims of any kind of abuse and have been struggling to make a decent living tend to 
be stigmatised in some way or another as a result of their past which may involve baby 
dumping or being dumped as a little girl, lack of family support and guidance, and loss 
of their identity.79 
 The killing of newborn infants is not a new phenomenon but modern society has 
been struggling to understand the causes and to find a way to address this issue. In most 
cases, women who commit infanticide are socially isolated, have little or no financial 
independence, and are emotionally immature. They are of all ethnicities and come from 
varying social backgrounds. A mother who abandons a baby is almost certainly 
traumatised but is unlikely to suffer from a long-term mental illness.80  Long-term 
psychological outcomes for abandoning mothers are difficult to ascertain given that the 
mothers are rarely found.81 Despite involvement by chance, many mothers who have 
been found feel a great affinity with the baby and continue to think about the child for 
years with reported experiences that resemble post-traumatic syndromes.82 
 
                                                             
78 Philpot, T. 2006. Nobody’s child. Nursing Standard, Vol. 20. p. 24–25. 
79Ibid.  
80 Van, B. D. 1994. Mother-and-child reunion, Time, Vol. 143(4). p 58–59. 
81Sherr, L. Mueller, J. Fox, Z. 2009. Abandoned babies in the UK – a review utilising media reports, 
Child: Care, Health and Development, Vol 35(3). p.419–430 
82  Wilson, S. L. 2004. A current review of adoption research: exploring individual differences in 
adjustment, Children and Youth Services Review, Vol. 26. p. 687–696. 
 28 
 
 More attention and consideration are needed to understand the real issue of baby 
dumping, which not only affects the individual but also society as a whole. The issues 
presented in the current research are not only confined to the dumping of newborn 
babies but also involves child abandonment for an extended period where a child 
younger than 12 months of age is left abandoned and unattended in a public or private 
setting with an intent to dispose of the child.83 
 The general purpose of having criminal law is to prohibit behaviour that 
represents serious wrongdoing against an individual or some fundamental social value 
or institution. The whole idea of a crime refers to something concerning the State and 
not just the person(s) affected by the wrongdoing. It should be noted that a high number 
of crimes are also civil wrongs (torts or breaches of contract); hence, it is for the injured 
party to decide whether to sue for damages. However, in criminal cases, punishment 
awaits if a crime happens. It is up to the State to decide whether to prosecute someone 
who is reasonably suspected of committing an offence.84 
 In one study, research had been conducted on pregnant adolescents residing in 
a government home in Malaysia85. Adolescent pregnancy could be another factor that 
contributes to incidents of baby dumping. Data from the study revealed that most of the 
adolescents became pregnant as a result of consensual sexual activities. Moreover, the 
study showed that the practice of premarital consensual sex among adolescents is 
common despite awareness of religious prohibitions in Malaysia. Paradoxically, most 
                                                             
83Noordin, N., Zakaria, Z., Sawal, M. Z. H. M., Hussin, Z. H., Nordin, J. and Ngah, K. 2012. Future 
Leaders’ Perception on Baby Dumping Issues In Malaysia, International Conference on Economics 
Marketing and Management IPEDR, InternationalJournal of Trade, Economics and Finance, Vol. 3(1), 
pp. 137-144. 
84 Ashworth, A. 2006. Principles of Criminal Law. United States: Oxford. 
85 Tan, P.S., H. Tohid, X.V. Su, K.T.M. Tan, M.N. Azimah, O. Khairani. 2012. A Study on Pregnant 
Adolescent Residing In A Government Home. Common Characteristics and Their Views on the 
Pregnancy. Malaysian Family Physician. Vol. 7, No. 1. 
 29 
 
of the adolescents in the study were against the legalisation of abortion,86  perhaps 
because the rehabilitation centre they were in provided them with the security against 
the fear of punishment and stigmatisation. Furthermore, most of the adolescents in the 
government home planned to parent their child. The emotion towards the case might 
vary from one perspective to another. In a recent article published in the Malaysian 
Journal of Medicine and Health Sciences, the writer conducted in-depth interviews with 
ten Malay Muslim pregnant teenagers from the ages of 16 to 18 years at a shelter home 
in Selangor. According to the article, all the interviewees expressed deep regret in 
having engaged in sexual relationships with their partners whom they blamed for their 
ignorance and pressure.87  The interviewees experienced a profound sense of guilt and 
remorse but did not regret having their babies. Although the interviewees initially did 
not want the pregnancies, they encountered a turning point towards the end of their 
pregnancies. The interviewees associated their pregnancies with the positive experience 
of growth, maturity and development. According to the writer, because of the lack of 
support from family and society, it is necessary for policymakers and mental health 
professionals to focus on the hardships of teenage pregnancies and come up with 
interventions to help them to get back on their feet.88 Baby dumping cases continue to 
be on the rise although the issues for unwanted pregnancies and how the unwed mothers 
should survived has been uttered many times. This shows that the existing laws are not 
                                                             
86 Ibid. 
87 Azmawaty Mohamad Nor, Shanina Sharatol Ahmad Shah, Usharani A/P Balasingam, Zaida Nor 
Zainudin, The Turning Point in an Unwanted Teenage Pregnancy: A Psycho-emotional Perspective, 
Malaysian Journal of Medicine and Health Sciences, Mal J Med Health Sci 15 (SUPP1): 30-36 April 
2019.  
88 Ibid. 
 30 
 
equipped to deal with this problem. To save the lives of babies and to prevent baby 
dumping, an integrated approach of the legal and the social aspects must be adopted. 
 It must be highlighted that the findings of the study above cannot be generalised 
as the study only looked at adolescents who opted for assistance during pregnancy from 
the rehabilitation centre. Furthermore, there are many factors that contribute to the 
problem of unwanted teenage pregnancies which may lead to baby dumping. One study 
found a significant relationship between the awareness towards the consequences of 
free sex, knowledge on sex education and religious belief and the issue of baby dumping 
in Malaysia. This suggests that the government should develop policies and 
programmes to incorporate sex education into the school curriculum. In Thailand, 
sexuality education which integrated sex education with other subjects was first 
introduced to the curriculum in 1978. Named “Life and Family Studies”, its content 
originally comprised reproduction and personal hygiene issues but was subsequently 
revised as a means to help solve the problems related to adolescent sexual and 
reproductive health.89 Such efforts have not been replicated in Malaysia due to strong 
opposition to the idea of introducing sex education in schools. One question that is 
raised is why problems related to premarital sex remain in Western countries even 
though sex education is common in those countries. Several studies have found that sex 
education has not been successful in dealing with these issues but instead, have 
exacerbated the problem. This is an indication that the promotion of safe-sex and 
absolute abortion rights should not be considered reliable solutions to the problems at 
hand.  
                                                             
89Boonmongkon, P. & S. Thaweesit. 2009. Sexuality Education in Thailand: How Far Do We Need To 
Go? Asian-Pacific Resource & Research Centre for Women (ARROW), 15, 12. 
 31 
 
 
 In another study, research was conducted to investigate the perception and 
knowledge of sexual health among adolescents in UiTM Puncak Alam to identify the 
factors that contribute to the case of baby dumping. The findings of the study revealed 
the following possible contributing factors: lack of religious understanding, the 
influence of mass media, the high cost of marriage, lack of parental control, and the 
collapse of the family institution.90 
 Abortion in Malaysia is regulated under Sections 312 to 314 of the Penal Code. 
Section 312 states that it is an offence to perform an abortion, while Section 313 states 
that it is a more serious offence when consent to perform an abortion is not obtained. 
Where an involuntary abortion leads to the death of the pregnant woman, Section 314 
provides for harsh penalties. Section 312 was amended in 1989 to introduce a further 
exception to the prohibition against abortion that is to allow abortion to preserve a 
woman’s physical and mental health. Further, the illustration in Section 91 of the Penal 
Code states, “Causing miscarriage, unless caused in good faith for the purpose of saving 
the life of the woman is an offence independently of any harm which it may cause or 
intended to cause to the woman. Therefore it is not an offence “by reason of such harm”; 
and the consent of the woman or of her guardian, to the causing of such miscarriage 
does not justify the act.”  
 Section 15 of the Code of Medical Ethics states inter alia that it would not be 
an offence to carry out a miscarriage if: (a) a medical practitioner registered under the 
Medical Act 1971 undertakes the procedure; and (b) such practitioner is of the opinion, 
                                                             
90Hashim, N. 2010. Study on the Perception and Knowledge Of Sexual Health Among Adolescents in 
UiTM Puncak Alam, Dissertation for Bachelor of Pharmacy (Hons.), Faculty of Pharmacy, UITM. 
 32 
 
formed in good faith, that the mental and physical health of the pregnant woman is at 
risk. In a paper presented on the legal status of abortion in Malaysia, the Vice President 
of the Medico Legal Society91 stated that abortion laws in Malaysia are considered to 
be “moderately permissive”. He made comparisons between Malaysia and other 
countries such as Australia, Singapore, Vietnam, and China which permit abortions on 
all grounds. On the other hand, the Philippines and Sri Lanka where abortions are 
allowed only “to save her life” take a more extreme approach.92 
 Nevertheless, according to an article by the Co-Chair of Reproductive Rights 
Advocacy Alliance Malaysia (RRAAM),93 a study has revealed access to legal abortion 
in most government hospitals is very restricted. Apart from that, it was reported that 
some women who had been raped and women with congenital abnormal foetuses had 
been refused abortion. According to the study by RRAAM, the main barrier to access 
to abortion is the misconception by doctors, nurses, women, the media, and the public 
that abortion is illegal.94 The author further argues that even the fatwa in Malaysia 
allows abortion for health and welfare reasons for up to four months; however, this is 
not widely known.95 It is noted that the above merely represents the author’s own 
opinion and the public knowledge about fatwa is not being researched thoroughly. It is 
a common law principle in England and Wales that a crime can only be committed 
against a living person. Hence, a foetus cannot be a victim of murder. A foetus lives 
symbiotically with the pregnant woman. A child is only protected by the law once he 
                                                             
91 Radakrishnan, S.2009. The Legal Status of Abortion in Malaysia-Addressing the Misconceptions. 
Seminar on Reproduction Health, Reproductive Rights & Abortion, 1.  
92Ibid. 
93 Abdullah, R.2009. Abortion in Malaysia: Legal Yet Still Inaccessible. Asian-Pacific Resource & 
Research Centre for Women (ARROW), 15, 8. 
94Ibid. 
95 Ibid. 
 33 
 
or she is born alive. For example, person ‘A’ who injures a foetus that dies in the uterus 
is considered committing a different crime from person ‘B’ who injures a foetus who is 
born alive but subsequently dies.96 
 Incidentally, another form of baby dumping is “neonaticide”, which is defined 
as murdering an infant in the first 24 hours of life. Neonaticide is primarily committed 
by the mother. It is hard to obtain accurate figures on the incidence of neonaticide since 
many cases are never discovered. Different strategies have been employed to prevent 
neonaticide. For example, referring mothers to undergo immediate psychiatric 
evaluation if it is suspected that the mother intends to harm the baby. Meanwhile, safe 
haven laws in the United States have recently been passed by 50 states to reduce the 
number of abandoned babies and the incidence of neonaticide. It can be observed that 
mothers are taking advantage of such laws by leaving their unwanted babies in public 
places within the first few days of the baby’s life without being questioned. It should be 
noted that although the intention behind the provision of safe public places for the 
relinquishment of babies is to prevent the babies from being murdered, it has sparked 
some controversy. Since safe haven laws require that the identity of the birth parent(s) 
remain anonymous or confidential, such laws have been condemned for promoting 
parental irresponsibility. Unfortunately, that there is no data available to support the 
effectiveness of these measures.97 
 
                                                             
96 Cave, E.2004. The Mother of All Crimes. England: Ashgate Publishing Limited. p. 54 
97 Golden, K. E. 2007. Child Welfare and Infant Abandonment Policy: A Case Study of the Massachusetts 
Baby Safe Haven Law. Tufts University. 
 34 
 
 In combatting baby dumping, it is important to explore the views and 
experiences of other countries in curbing this problem. The fact that not all of them may 
be applicable in Malaysia should not preclude discussions from taking place and 
learning from other nations’ experiences in combatting this problem. In Namibia, it is 
reported that the government has decriminalised baby dumping. Of course, the long-
term effect of such a move cannot be seen yet, and there are no available statistics to 
support the effectiveness of such measures. The government, through its ministry of 
gender equality, has decriminalised baby dumping to allow mothers to leave their 
unwanted newborn babies at safe places without any risk of prosecution. The new law 
provides for babies to be left at certain safe places such as hospitals, police offices and 
registered places of safety.98 It could be argued that decriminalisation can be justified 
because it protects the lives of babies and saves them from being a victim in a baby 
dumping case. However, the law might be reviewed again in the future and baby 
dumping may be criminalised again to protect the innocent.  
 Baby dumping law was first legislated in the United States in 1988 when 
Congress passed the Abandoned Infant Assistance Act to address the issue of babies 
who were abandoned in hospital after birth. Under this Act, efforts were made to find 
permanent placements for the abandoned babies who usually remained in the hospital 
for indefinite periods of time.99 The safe haven laws were later enacted in 1999 but the 
American Adoption Congress opposes safe haven laws because they believe that 
children are entitled to information about their families, including medical, ethnic, and 
                                                             
98 Tuyeimo Haidula. 15th February 2019. “Namibia: Govt to Decriminalise Baby Dumping.” Retrieved 
from https://allafrica.com/stories/201902150654.html on 12 August 2019. 
99 Abandoned Infants Assistance Resource Center (2004). Discarded infants and neonaticide: A review 
of the literature. Retrieved from http://aia.berkeley.edu/media/pdf/discarded_infants_literature 
_review.pdf  
 35 
 
religious histories. Safe haven laws often do not afford discarded infants the opportunity 
to access such information due to the anonymity of those leaving a child100  
 As mentioned in an article relating to abandoned infants, safe haven laws have 
not proven to be effective because they are not designed in such a way that will affect 
the decisions and actions of those most likely to discard infants. These laws have also 
met with much criticism from adoption advocates. Punitive responses (punishing a 
woman for her actions) will also not likely affect decisions or events leading to 
neonaticide. Some scholars have argued that while perpetrators of neonaticide should 
be held accountable for their actions, their circumstances demand therapeutic 
intervention rather than punishment.101 Another writer opined that safe haven laws were 
a quick solution to a very real social problem in America.102 The policy is to save the 
lives of infants who would otherwise perish at the hands of their mothers. Under this 
policy, the mother can hand over the child and walk away freely without any risk of 
legal repercussions. It is a win-win situation since the mother is free from criminal 
liability for relinquishing her child to the state and the baby’s life is saved.103 Such laws 
may be acceptable in the United States may not be acceptable in Malaysia. Would the 
government of Malaysia consider safe haven laws to be enacted in the country? It could 
be argued that even if just one infant is saved, the law can be said to have been effective; 
but it could also be argued that such laws do not address the root causes of baby 
                                                             
100 American Adoption Congress (2001). Statement from the American Adoption Congress re: abandoned 
baby legislation. Retrieved 10th August 2019, from www.americanadoptioncongress.org/position-
statements-abandoned.htm   
101 n.a. Discarded infants and neonaticide: A Review of the Literature, National Abandoned Infants 
Assistance Resource Center, University of California at Berkeley, 2004, p. 11. 
102 Eileen Boyte, Infant Safe Haven Laws: A Policy Analysis, Master Thesis of Social Work, University 
of California, Irvine, January 2010, p. 40.  
103 Eileen Boyte, Infant Safe Haven Laws: A Policy Analysis, Master Thesis of Social Work, University 
of California, Irvine, January 2010, p. 41.  
 36 
 
dumping. What about the women who, in deep denial of their pregnancies, continue 
abandoning their babies without evaluating their options?  
 In Islamic law, the protection against baby dumping is manifested through the 
punishment of wrongdoers if the crime is committed, serving as a deterrent. If the baby 
dies as a result of the dumping, the offender will be punished based on the principle of 
retribution.104 However, if the act does not result in the death of the baby, the ta’azir 
(discretionary) punishment will be the appropriate punishment for the crime. Also, 
reformation in Islam is encouraged to stop the recurrence of the crime. Islamic law also 
protects dumped babies as it encourages its followers to pick up abandoned babies. In 
this regard, Muslim scholars have opined that picking up a dumped baby is a very 
commendable act of piety that comes next to the belief in Allah. This is in line with the 
Quranic verse that repeatedly calls for the respect of the sacredness of human life.105 
Apart from the literature discussed above, the present study also makes reference to a 
relevant thesis that shares the same context on baby abandonment from the Islamic point 
of view.106 The Ph.D thesis written by Azizah Mohd on “Law of Foundling (Laqit)” 
was also referred to as guidance on the topic of children’s legal status in Islamic law. In 
addition, a comparison between Islamic law and other laws on baby abandonment, 
written by Azizah Mohd and Alhaji Umar Alkali in a paper entitled “Crime of Baby 
Dumping: A Review of Islamic, Malaysian and Nigerian Law”, provides a detailed 
discussion on the general overview of baby dumping from the aforementioned three 
                                                             
104 Azizah Mohd & Alhaji Umar Alkali, Crime of Baby Dumping: A Review of Islamic, Malaysian and 
Nigerian Law, Pertanika J. Soc. Sci. & Hum. 23 (S): 67-82 (2015) ISSN: 0128-7702  
105 Al-Quran, Al-Maidah 5:32 
106 Azizah Mohd. 2004. Law of Foundling (Laqit): the Islamic Legal principles and the law in Malaysia. 
PhD Thesis, Ahmad Ibrahim Kuliyyah of Laws, International Islamic University Malaysia. 
 37 
 
different laws.107 The comparison between Islamic law, Malaysian law and Nigerian 
law based on the article above has inspired the current research to further analyse the 
adequacy of baby dumping laws from other perspectives including from a criminal 
perspective and the perspective of children’s welfare.  
 To sum up, the approach taken to combat baby dumping in Malaysia should be 
one which is suitable for its multicultural, multireligious and multiracial society. Not 
every law and approach will be acceptable to all equally. This thesis aims to discuss in 
detail, from a socio-legal perspective, ways to combat baby dumping in Malaysia. This 
thesis also aims to fill the gaps of previous research by placing emphasis on the socio-
legal perspectives in the approach to combat baby dumping in Malaysia. Therefore, it 
is the earnest hope of the writer that this research will prove to be a useful contribution 
to the academic world on the issue of baby dumping in Malaysia by offering a socio-
legal perspective of the issue.  
 
1.8 SCOPE OF STUDY AND LIMITATIONS  
 The focus of the present study is on criminal and family law in Malaysia. 
Accordingly, this paper assesses the provisions of the Penal Code, the Child Act 2001, 
and Islamic enactments related to the subject matter of this study. Considering that the 
Penal Code applies to all citizens in Malaysia regardless of their religion, the scope of 
the present study covers every citizen in Malaysia. Nonetheless, matters involving 
Shariah law as laid down in the Islamic enactments in Malaysia are only applicable to 
Muslims.  
                                                             
107  Azizah Mohd & Alhaji Umar Alkali. 2015. “Crime of Baby Dumping: A Review of Islamic, 
Malaysian and Nigerian Laws. Pertanika Journal of Social Sciences & Humanities 23 (s): 67-82. 
 38 
 
 In addition, the current research mainly focuses on the issue of baby dumping 
in Malaysia by reference to previous cases related to abandoned and neglected babies. 
Apart from that, the following areas are also covered in the present study: (a) cases of 
baby dumping and whether it involves death (b) the primary offender and secondary 
offender who are involved, (c) the effectiveness of other alternative solutions that need 
to be considered by Malaysia, and (d) discussion on the aftermath of baby-dumping 
cases regardless of whether they involve death or otherwise, and the long-term effects 
of the phenomenon on the community at large.  
 One of the limitations of the study is that some of the respondents were 
uncooperative for interviews as this issue is considered taboo by many. Other than that, 
fear of stigmatisation, labelling, and public exposure may have affected the 
respondents’ willingness to cooperate. Be that as it may, the conduct of interviews was 
necessary to obtain factual data directly from the offenders or persons involved in baby 
dumping cases. A narration of real-life accounts was also needed for the purpose of 
assessing the effectiveness of the law in deterring future crimes.  
 It should be noted that there is limited availability of statistical data and existing 
evidence on this issue. For example, only a few books have been written on baby 
dumping which could be used as references. The scope of baby dumping in the current 
research is relatively narrow with primary concerns; the abandonment of children aged 
12 years and below is also covered in this study. As such, the scope of the current 
research has been extended to take into account older children to allow more cases to 
be documented and examined.  
 
 39 
 
 On a final note, it was sometimes tricky to obtain official statements from the 
government or religious authorities due to the controversial nature of this issue. 
Furthermore, it is crucial to acknowledge that there may be cases of baby dumping that 
are not reported. Consequently, the data and statistics gathered may not be entirely 
accurate.  
 
1.9 RESEARCH METHODOLOGY 
 The current study presents a socio-legal research approach by combining both 
social and legal aspects related to the issue of baby dumping. It is argued that the factors 
contributing to the crime need to be analysed from a social perspective, rather than 
focusing solely on the analysis of the legal aspects of the crime. In view of this, sources 
from both legal and social perspectives have been qualitatively analysed to achieve the 
objectives of the present study.  
 Apart from the socio-legal comparison, a traditional legal research methodology 
known as the “pure legalistic analysis” is adopted in the current research. A pure 
legalistic analysis is described as an analysis performed based on the relevant statutory 
provisions and case laws. The discussion mainly focuses on the relevant provisions of 
the Penal Code and the Child Act 2001.  
 In addition, the comparative method is also employed in the current research. 
The comparative element in the present study involves a comparative analysis of 
materials covering both past and present practices, by reference to the changes that 
should be made to the laws regarding sentencing or punishment of the offender in baby 
dumping cases. Secondly, the comparative method is deemed suitable for the present 
study as it allows relevant comparison with other countries to be made, particularly on 
 40 
 
the protection of the rights of children, i.e., protection of children from being neglected 
or abandoned. The findings on individual cases will be examined thoroughly in this 
study.  
 Given that the qualitative approach is adopted in the present study, most of the 
sources of data were collected through library research. Related information was 
obtained from the libraries of Universiti Sains Islam Malaysia (USIM), International 
Islamic University Malaysia (IIUM), and University of Malaya (UM). Specifically, the 
library research involved the gathering of information from primary and secondary 
sources which include statutes, case-law reports, textbooks, articles from refereed 
journals, seminar papers as well as public and international documents. Additionally, 
other relevant materials from newspaper cuttings and websites have been used as 
references to provide more information. Other than that, statistics referred to in this 
study were obtained from the Department of Statistics Malaysia, the Royal Malaysian 
Commissioner of Police, and the Department of Social Welfare. It is to be highlighted 
that the quantitative method was not employed in this study even though statistics are 
at times referred to in the thesis. Such data is only used as reference rather than for 
analysis purposes. For example, simple statistics published in articles from related 
journals are used merely to illustrate public opinion on the issue of baby dumping.  
 Throughout the present study, scholars and experts in criminal law have been 
consulted from time to time. Surveys involving interviews were conducted as well. For 
the current research, the first subjects to be interviewed were the criminals (from prisons 
or special schools) to fully understand their involvement in the cases. The 
phenomenological approach in the qualitative method was used to understand the 
personal experiences of the subjects involved. Secondly, the Royal Malaysian Police 
 41 
 
were approached to obtain accurate statistical data and classification of cases, followed 
by interviews conducted with NGOs such as OrphanCARE Foundation (Baby Hatch), 
Sisters in Islam, Raudatus Sakinah, and private shelter home operators as well as 
academicians, doctors/psychiatrists, lawyers, and the Attorney-General’s Chambers. 
The purpose of the interviews was to analyse the experts’ opinions regarding the 
punishment for baby dumping in Malaysia and to compare the punishment with the 
punishment under the Islamic enactments in Malaysia.  
 Furthermore, the present study adopted a less-structured interview technique in 
order to acquire a higher level of understanding and appreciation of the subject matter 
with the interviewee. It is believed that individual perceptions can be gathered more 
efficiently through an informal interview structure compared to the standardised 
interviewing method. The non-directional dialogue with the interviewees mainly 
focused on the following issues: (i) baby dumping in Malaysia, (ii) reasons for the 
increase in the cases, (iii) steps taken by the government as well as NGOs to control the 
problem, (iv) adequacy of the current legal framework in addressing the problem, and 
(v) other methods that can be adopted to manage the problem.  
 Other than that, surveys are also conducted for data collection purposes. In 
particular, structured questionnaires were used as the instrument of the surveys to 
collect data from hundreds of respondents. The first survey was conducted among 200 
law students from the Centre for Foundation Studies, International Islamic University 
Malaysia in January 2014. The survey included questions related to the issues of baby 
dumping and baby hatch. The second survey was conducted among 100 respondents to 
form a general overview of baby dumping and the baby hatch programme in Malaysia. 
Since the targeted respondents were academics and graduate students, the survey was 
 42 
 
posted in several Facebook groups such as Doctorate Support Group, PhD Discussion 
Forum, Qualitative Research Group, and Education in Malaysia. Only 93 survey 
questionnaires were completed and returned by the respondents. The third survey was 
carried out in August 2015 among the general public through interviews and e-surveys. 
There were 101 respondents in total. This survey aimed to find a suitable punishment 
for baby dumping in Malaysia.  
 
1.10 RESEARCH OUTLINE 
 This paper is divided into six chapters. The first chapter introduces the research, 
followed by the background of the study, aims and objectives, the problem statement, 
hypothesis, literature review, scope and limitations of the research, research 
methodology, and outline of the thesis. 
 Chapter Two begins by laying out the theoretical dimensions of the research and 
discusses children’s rights in Malaysia and internationally, as well as from the Islamic 
perspective. This chapter also provides the definitions of “child” and “children” 
gathered from various laws on children’s rights. Children’s rights provided for in the 
Child Act 2001 is comprehensively evaluated with relevant discussions on the current 
issues of children’s rights in Malaysia.  
 The third chapter presents the Malaysian legal framework relating to children’s 
rights and the prohibition against baby dumping. The aim of this chapter is to discuss 
the definition of punishment in the criminal law context, followed by a discussion on 
the punishment for baby dumping. This chapter also reviews punishments in Malaysia 
and presents an analysis of the approach on punishment taken by other countries by 
reference to relevant cases. In addition, punishment for other crimes related to baby 
 43 
 
dumping such as infanticide and neonaticide are also discussed in detail. Further, 
general defences applicable to baby dumping such as insanity and the young offender 
are also highlighted in this chapter. Finally, this section evaluates the alternatives to 
punishment for baby dumping including the provision of baby hatches in the country 
and other approaches like the introduction of sex education in schools. The main aim of 
this chapter is to enhance public awareness towards the crime of baby dumping, to 
monitor the public on the prevention of the crime, and to discuss the applicability of 
availability defences afforded by the law (such as in case of insanity, etc.) 
 The fourth chapter analyses the data on the criminalisation of baby dumping in 
Malaysia and considers if baby dumping should constitute a crime. The processes and 
tools needed to accelerate the criminalisation of baby dumping will be addressed, 
followed by experts’ criticisms regarding the issue. This chapter also analyses the 
rationale for the criminalisation of baby dumping in Malaysia in light of Malaysia being 
a predominantly Muslim country albeit a multi-ethnic country. A comparison with other 
countries such as Brunei and Indonesia (Aceh) in relation to baby dumping is also 
discussed from the Islamic perspective in this chapter. 
 The fifth chapter reviews the methods of combatting baby dumping based on 
the experiences of other jurisdictions. In this chapter, the relevant statutes are analysed, 
followed by a discussion on the relationship between the severity of the punishment and 
the reduction of the crime rate. This chapter also presents a comparison of the laws of 
different jurisdictions such as England and Wales, certain states of the United States, 
Australia and New Zealand to assess which laws are most suitable to be adapted locally 
as well as to evaluate the effectiveness of such laws. Other than that, this chapter 
provides the relevant analysis and comparison of earlier cases intending to examine the 
 44 
 
decisions of judges based on the facts of those cases. In addition, other matters related 
to baby dumping are discussed and findings from interviews with individuals involved 
in the crime are presented. The main purpose is to find a suitable precedent that can be 
followed in case there is a lacuna in the laws of Malaysia as well as to obtain feedback 
from the persons involved in the baby dumping cases.  
 Chapter Six, which is the final chapter, presents the summary of the findings, 
conclusions and recommendations based on the research and analysis in the previous 
chapters.