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Home Islamic Law

Muhammadiyah Permits Breast Milk Donation, Stresses Clear Sources and Milk-Kinship Implications

by Persyarikatan Muhammadiyah
3 weeks ago
in Islamic Law, News, Religion
Reading Time: 6 mins read
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Muhammadiyah Permits Breast Milk Donation, Stresses Clear Sources and Milk-Kinship Implications

Muhammadiyah Permits Breast Milk Donation, Stresses Clear Sources and Milk-Kinship Implications

EN.MUHAMMADIYAH.OR.ID, YOGYAKARTA — Having a baby breastfed by another woman has been known since before the advent of Islam. Today, however, the practice has taken more modern forms through breast milk donation and human milk banks.

The Muhammadiyah Central Board’s Religious Opinion and Reform Council considers the practice permissible in Islam. However, its implementation requires careful attention to several consequences, particularly those involving health and mahram (milk-kinship) relationships.

Ruslan Fariadi, a member of the Muhammadiyah Central Board’s Religious Opinion and Reform Council, discussed the issue during a Tarjih Islamic Sermon on Wednesday (25/08). He said breastfeeding another person’s child forms part of Muhammadiyah’s discussions on Islamic jurisprudence concerning child protection, as reflected in Muhammadiyah’s rulings and fatwas. 

According to Ruslan, the practice is not new. It was already widely known during the lifetime of the Prophet Muhammad. The Prophet himself was breastfed by Halimah al-Sa’diyah of the Banu Sa’d.

In the past, mothers did not always seek another woman’s milk because they struggled to produce enough breast milk. In some communities, the practice also formed part of a social tradition. Families sometimes entrusted children to women from particular groups or tribes. They believed those groups possessed greater social status, intelligence, or cultural refinement. 

The Importance of Breast Milk for Infants

Ruslan said Islam considers breast milk an important part of parents’ responsibility toward their children. Breast milk contains substances that support an infant’s growth and development. 

“Breast milk is one of the most ideal substances for an infant to consume,” he said. 

It supports physical development, organ growth, and the development of the nervous system. Moreover, it helps build immunity during the early stages of life. Therefore, when a mother can produce sufficient milk, parents should make every effort to provide breast milk to their child. 

Ruslan stressed that the responsibility does not rest solely with the mother. Fathers also share responsibility for ensuring that their children’s milk needs are met. They can, for instance, support the mother’s health and nutrition. Such support can help maintain optimal breast milk production. 

The Qur’an also permits another woman to breastfeed a child when the biological mother cannot do so. Ruslan cited Surah Al-Baqarah, verse 233, which explicitly allows parents to arrange for another person to breastfeed their child.

“If you wish to have your child breastfed by someone else, there is nothing wrong with that. It is not a sin,” he said.

On that basis, Ruslan said, donated breast milk can offer an alternative when an infant cannot receive milk from its biological mother.Parents may consider the option before turning to other alternatives. This is particularly relevant when milk production or other circumstances prevent a mother from breastfeeding.

Today, breast milk donation often involves pumps and specialized storage containers. These developments have also led to the establishment of human milk banks. Such banks collect milk from multiple donors and provide it to infants who need it.

Ruslan said the existence of human milk banks does not fundamentally change the legal principle governing breast milk donation. Instead, he described them as an institutional form of a practice already recognized in Islamic tradition.

Milk Banks Require Clear Regulations

However, milk banks create more complex questions because they collect milk from multiple women. According to Ruslan, providers must consider both the potential benefits and possible risks.

“Although milk banks offer a contemporary solution for providing breast milk to infants in various circumstances, they require regulation,” he said.

Regulation should cover donor recruitment, health screening, storage and distribution. In addition, those managing the service must have sufficient expertise to keep the milk hygienic and prevent contamination.

The identity of each donor also requires careful documentation. Providers should be able to trace every batch of stored and distributed milk to its source. Records of the donating mother may become important if milk-kinship creates legal consequences later.

The issue relates to Islamic rules concerning mahram relationships. Under Muhammadiyah’s Tarjih fatwa, milk kinship arises when an infant receives milk from the same woman on five separate occasions during the breastfeeding period, from birth until no later than the age of two.

Ruslan stressed that five feedings differ from five individual sucks. One feeding consists of a breastfeeding session that continues until the child has had enough and stops feeding. If the child later feeds again from the same source, that counts as another feeding.

“When it reaches five feedings from the same source, what we call a mahram relationship comes into existence,” he said.

The rule also applies when the infant receives the milk indirectly. In other words, milk kinship does not depend on whether the child nurses directly from a woman’s breast or drinks her milk from a bottle. Rather, the key considerations are the source of the milk, the number of feedings and the child’s age.

Therefore, bottle-feeding does not automatically remove the legal consequences of breastfeeding. If an infant consumes milk from the same woman five times during the recognized breastfeeding period, milk kinship may still arise.

The Legal Implications of Human Milk Banks

Milk kinship carries consequences for marriage under Islamic law. A child who establishes such a relationship becomes mahram to the nursing mother and certain members of her family. The child may not marry the nursing mother, her mother or her daughters.

However, the relationship applies only to the child who actually consumed the milk. Ruslan gave the example of twins. If only one twin meets the requirements for milk kinship, the relationship applies to that child alone. The other twin does not automatically become mahram.

For that reason, Ruslan said, record-keeping forms an essential part of operating a human milk bank. Managers need to maintain clear information about the milk’s source. This includes the donor’s identity and records of the milk provided to each infant.

Ruslan also raised concerns about mixing milk from multiple donors in a single container. He said providers should avoid the practice because it can make tracing the milk’s source difficult. It could also create complications when an infant repeatedly consumes milk from different donors.

If milk from one woman is mixed with milk from several others, determining how many times the child consumed milk from each source becomes difficult. Separating the milk and recording its source can therefore help prevent future legal complications.

Donor screening also matters because of potential disease transmission. Not everyone can immediately become a donor. Health professionals should first assess a prospective donor’s condition, particularly because the milk will be consumed by infants who remain highly vulnerable to illness.

Ruslan compared the process to blood donation. Donors cannot simply give blood without first undergoing health screening. Similarly, breast milk donation must consider medical requirements and infant safety.

From the perspective of Muhammadiyah’s Manhaj Tarjih, Ruslan said, the issue brings together bayani, burhani and irfani approaches. The bayani approach draws on the Qur’an and hadith, which provide the basis for permitting another woman to breastfeed a child. The burhani approach considers medical knowledge about the benefits of breast milk and infant health. Meanwhile, the irfani approach recognizes the value of knowing the donor’s identity.

Clear identification, he said, can also foster recognition and social ties between a milk child and the woman who donated the milk.

Breast Milk Is Not a Commercial Commodity

Ruslan also addressed the legal nature of agreements governing breast milk donation. He said the practice must not treat human breast milk as a body part to be bought and sold. If a human milk bank charges fees, those costs should cover services such as management, storage, handling and distribution. They should not constitute payment for breast milk as a commercial commodity.

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“The agreement is not for the sale and purchase of breast milk,” he said. “It concerns services related to its provision and other needs.”

Ruslan therefore concluded that breast milk donation, whether provided directly or indirectly, is permissible. Human milk banks can also serve as an alternative for meeting infants’ nutritional needs. This may prove particularly important when a mother dies after childbirth, an infant loses parental care, a disaster occurs or other circumstances leave a child in need of breast milk.

However, he stressed that permission does not mean human milk banks can operate without proper safeguards. They must comply with government regulations and health standards. Managers must have adequate expertise, and providers must screen donors for health risks. Moreover, the source of every donation must remain clear, and administrators must maintain orderly records.

“If the question is whether a baby may be breastfed by another woman, the answer is yes,” Ruslan said. “When does milk kinship arise under our fatwa? When the milk comes from the same source for five separate feedings.”

Tags: breast milkbreast milk donationhuman milk banks
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