Forced birth is birth in a way that is contrary to natural birth, In which the fetus Is removed from the mother's womb by a doctor through cesarean surgery, and because this birth Is contrary to what is instilled In the nature of the mother and the child, and the child cannot develop. and In addition, compared to natural delivery, this type of delivery exposes the fetus to risk factors such as less weight gain after birth, the possibility of neonatal jaundice, and life-threatening complications such as syndrome It causes respiratory distress and transient tachypnea, so the fetus does not want to be born In this way, and it Is as if they forcefully take him out of his mother's womb. Due to the exposure of the child to harm In forced birth, as has been proven In the research, this research by examining the harm and complications caused by forced birth, as well as by evaluating and analyzing the bases of the Shariah judgment of harm and the bases of criminalization, has the capacity to enter Forced birth deals with crimes that are legislated and have a guarantee of execution by assuming the material and spiritual elements of the crime. whichh here is the material element of the verb and that is the surgery performed by the doctor to remove the fetus or in the case of forced birth after the due date when the doctor uses medicine or a tool to prevent the natural birth of the child, it is also the action of the verb that Using contraceptives Is to prevent childbirth. The spiritual or psychological element of forced birth Is also the doctor's intention to perform his act. The elements of crime In this type of birth can be counted and It is the only legal element that we need. Therefore, there is a possibility of criminalization with the presence of material and spiritual elements