Senin, 11 Februari 2013


THE LEGAL VIEW OF FATWA COMMISSION OF THE NATIONAL COUNCIL OF INDONESIAN ULEMMA (MUI) ABOUT BREAST-MILK BANK AND ITS LEGAL IMPLICATION TO CHILDREN STATUS
 (Muhammad Fajri Andika, Faculty Of Law Andalas University ,081011211, 51 Pages, 2012)
ABSTRACT
In the history of Islam, besides the mother of Prophet Muhammad PBUH there is another popular name Halimatus Sa’diyah Breast-feed host of the prophet. Her sacrifices in nursing and educating the Prophet earned her a spot in the history of Islam, and made her a role model for Muslimah (Female Muslims) for good. In the time of the Prophet, one of Arabs customs is suckling off children to other woman as measure to prevent diseases. Apart from beneficial to children’s body immunity, suckling off children to other woman may contribute to the children’s linguistic ability.
The growth of civilization may lead to a condition in which mothers cannot breast-feed their own biological children, but instead, provide formula milk to their children, or else, obtain breast-milk from breast-milk bank. The views of fatwa commission of MUI on the legal status of breast-milk bank and what are the legal (sharia) implications to the status of children due to the existence of Breast-Milk Bank. This Research applies socio-juridicial approach and is descriptive in nature. This Research is aimed at knowing and understanding how Islam views the existence of Breast-Milk Bank particularly in Indonesia, through. The Council of Indonesian Ulemma (Majelis Ulama Indonesia) as the problem-solving representative of Indonesian Muslims. Furthermore, the researcher intends to find out legal implications of children due to the existence of Breast-Milk Bank from the Islamic sharia legal perspective. Data for this research were obtained through interviews with the representatives of fatwa commission of the MUI. The Fatwa Commission tends to be in contrast to the existence of Breast-Milk Bank since it will affect the “mahram” (eligibility of marriage) as a result of “Breast-Milk Kinship” that is created through clientship in Breast-Milk Bank


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