The Ruling On Breast Milk Sharing Programs In Hospitals

THE RULING ON BREAST MILK SHARING PROGRAMS IN HOSPITALS

Scholars have differed in opinion regarding several details pertaining to the rulings on breastfeeding (rada'ah). The majority (jumhur) hold the view that breastfeeding, whether directly or indirectly from the mother's breast, can establish mahram relationship through milk kinship (rada'ah).

In addition, there exist among scholars those who stipulate that the breastfeeding must occur directly from the wet nurse's breast. This is the opinion of al-Layth ibn Sa'd, Ibn Hazm, and others. This view is also given preponderance (tarjih) by Shaykh Dr. Yusuf al-Qaradawi, Shaykh Mustafa al-Zarqa, and others. Many scholars also mention that the mixing of milk from different mothers does not establish the ruling of mahram. Likewise, scholars have differed regarding the number of breastfeeding sessions that establish the relevant ruling. The majority of scholars give preponderance to five satiating feedings.

After discussing the above views and taking into consideration the necessity and reality that exists in preserving the lives of infants, particularly premature infants, as presented by the Ministry of Health Malaysia (KKM), the Fatwa Committee of the State of Perlis is of the opinion that the breast milk sharing program proposed by KKM does not contradict Islamic law (hukm shar'i).

Nevertheless, the Committee requests that the method of implementing such program take into account the following matters:

1) It shall obtain consent from both parties (the wet nurse and the nursing child), except in emergency circumstances.

2) If feeding occurs five or more satiating times from the same wet nurse with clear records, then both parties (the wet nurse and the nursing child) must be made aware of each other. This is to safeguard the rulings pertaining to mahram relationships.

The Committee also wishes to inform that there exists latitude of opinion in this matter, whereby scholars such as al-Layth ibn Sa'd, Ibn Hazm, Shaykh Dr. Yusuf al-Qaradawi, Shaykh Mustafa al-Zarqa, and others stipulate that the breastfeeding must occur directly from the mother's breast; therefore, for those who adhere to this opinion, the two aforementioned conditions are not required.