The Mother Killing of her Newborn to Avoid Disgrace under Jordanian Law

Mohammad Khater1, Hamzeh Abu Issa2 & Naji Alwerikat3

Abstract
This research paper aims to investigate Article 332 of the Jordanian Penal Code No. 16 of 1960, which punishes a mother because of maternal infanticide in Jordan when committed by mothers to avoid disgrace. Through thorough analysis, this research seeks to shed light on the multifaceted dimensions of this problem and suggest potential solutions. The article adopted both descriptive and analytical approaches to conclude the results through the legal interpretation of the text and a review of the jurisprudence opinion and the judiciary’s diligence (case law) on related issues. The article grasped several results, the most prominent of which is that the legislator did not specify what is meant by the terms mentioned in the text, which led to a difference in their interpretation, and because of this reason the legislator envisaged reducing this type of killing contradicts the punishment it established.

Keywords: Jordanian law, maternal infanticide, penal code, murder, Extenuating circumstances, honor crimes.