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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