Modern Criminological Measures to Counteract Child Substitution in accordance with Islamic Law
Abulkairova B.
28 December 2025Syarif Hidayatullah State Islamic University (UIN) Jakarta
Ahkam: Jurnal Ilmu Syariah
2025#25Issue 2249 - 266 pp.
This article analyzes the criminological aspects of child substitution, with a particular focus on preventive measures and punishment mechanisms under sharia and modern law. Special attention is given to the protection of the rights of newborns and their mothers in accordance with Islamic legal principles. The study underscores the importance of creating a safe, and supportive environment for women in labour and their newborns within maternity hospitals. The methodological basis of the article is the dialectical method of cognition, which ensures an objective and comprehensive analysis of legal issues in obstetric-related offences. The study also applies system analysis, comparative-legal, and other relevant methods. This article examines the legal, criminological, and Islamic approaches to preventing child substitution in Indonesia and Kazakhstan. The findings indicate that child substitution remains a significant issue in Indonesia and Kazakhstan due to gaps in existing legislation and insufficient procedural safeguards for newborn identification. The article highlights the need for modern criminological measures to prevent child swapping, including improved technical equipment in maternity hospitals and accurate identification of newborns to prevent abduction or substitution. Based on these findings, the article recommends improving national legislation, establishing specialized child protection authorities, and implementing comprehensive measures to counteract child substitution.
Child , Opposition , Sharia , Substitution
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Satbayev University, Almaty, Kazakhstan
Satbayev University
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