Criminalization of Child Abandonment by Parents under Iranian Law
Subject Areas : Criminal law and criminology
1 - PhD in International Law; Supervisor and Reviewer at Al-Thaqalayn International Satellite Network, Tehran, Iran
Keywords: criminalization, abandonment, child, parents, custody, guardianship.,
Abstract :
The family plays a fundamental role in ensuring social well-being, and children—whose full personal development relies on proper parental care—are expected to grow within the protective framework of the family. From this foundation arises the principle of preserving the child’s continuous connection with his or her family. Yet adherence to this principle is not always beneficial; when parents abandon their children in uninhabited or unsafe places, the best interest of the child requires that such conduct be independently criminalized. The legal consequences must vary according to the severity of the situation, ranging from mitigated penalties in less harmful cases to harsher punishments and even deprivation of custody in severe instances. This article employs a library-based method and, given the qualitative nature of the research, adopts a descriptive–analytical approach. It explains core concepts related to parental rights and responsibilities—including custody (ḥaḍānah) and guardianship (wilāyah)—and examines their legal nature from the perspective of jurists and Islamic scholars. The study further explores the rationale behind criminalizing child abandonment, the harms suffered by children, the underlying motives driving parents to engage in such behavior, and proposes practical strategies for reducing the occurrence of this troubling phenomenon.
