THE SHARIAH STATUS OF MILK BANKS IN THE CONTEXT OF THE ISSUES OF RADA’AH (BREASTFEEDING)

Abstract

The establishment of human milk banks—institutions that collect, pasteurize, store, and distribute donated human breast milk to infants who are unable to receive adequate nourishment from their biological mothers—has emerged as a significant advancement in neonatal and pediatric healthcare. Particularly for premature, orphaned, or medically compromised newborns, donor milk has been shown to offer vital nutritional and immunological benefits.

However, this otherwise life-saving medical innovation presents complex legal and ethical challenges within the framework of Islamic jurisprudence, primarily due to the concept of rada’ah (breastfeeding) in Islamic law. In Islam, rada’ah creates a form of kinship that affects marital eligibility and social boundaries. Islamic law sets clear rules for creating a milk relationship, including the number of times the baby is fed, the method of feeding, the baby’s age, and the identity of the milk donor

Modern milk banks, however, typically operate in a manner that keeps donors anonymous, mixes milk from multiple women, and processes it in large quantities. Consequently, it becomes extremely difficult, if not impossible, to identify the donor or determine whether the Islamic conditions of milk kinship are fulfilled.

The objective of this research is to examine the Shariah status of milk banks in light of the issues of rada’ah. The study employs a narrative research methodology.