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
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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
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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
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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.