Breast milk bank laws in the perspective of the kaidah Fikih Dar’ Al-Mafᾱsid Muqadam A’Lᾱ Jalb Al-Mashᾱlih

Rouf, Abd (2022) Breast milk bank laws in the perspective of the kaidah Fikih Dar’ Al-Mafᾱsid Muqadam A’Lᾱ Jalb Al-Mashᾱlih. Media Syari'ah: Wahana Kajian Hukum Islam dan Pranata Sosial, 24 (1). pp. 112-131. ISSN 2579-5090

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This research was conducted in order to know breast milk Bank Laws in the perspective of the kaidah fikih dar’ al-mafᾱsid muqadam a’lᾱ jalb al-mashᾱlih, This research is a literature study, the data of which is sourced through journals, books, encyclopedias, magazines, and documents. The approach used is the tarjih approach, which is to collect two contradictory arguments and then look for the point. If no common ground is found, then one of the two arguments is favored. With this method, it is hoped that research on breast milk bank law will produce laws that are more appropriate and relevant in Indonesia. The results of the study show that 1) that the collection of breast milk by the breast milk Bank can cause a mix of lineages between babies who consume breast milk from all women who donate it. So the existence of an breast milk bank is contrary to maqāṣid al-Sharī‘ah which is in the form of maintaining nasab/ḥifẓ al-Nasb. After reviewing the establishment of breast milk banks in Indonesia by looking at the diverse social conditions and the low level of public understanding of the impact of breastfeeding (raḍāʽ), the legality of breastfeeding banks is something that must be prevented, (2) There is a high possibility that marriages are forbidden, as a result of mixing breast milk from the donors, (3) a statement from the team of doctors stating that the need for a breast milk bank is not too urgent. So the law for establishing an breast milk bank in Indonesia is from the perspective of the fiqh rules of dar' al-Mafᾱsid muqaddam alā jalb al-Maṣhāliḥ, so from the above review it can be concluded that it is unlawful to establish an breast milk bank. Considering that the disadvantages of a breast milk bank outweigh the benefits. The argument that breast milk banks are urgent due to many natural disasters, premature babies, and so on can actually be overcome by breastfeeding their children to their nursing mothers.

Item Type: Journal Article
Keywords: breast milk bank; kaidah fikih; dar’ al-mafᾱsid; jalb al-mashᾱlih
Subjects: 18 LAW AND LEGAL STUDIES > 1801 Law > 180128 Islamic Family Law
Divisions: Faculty of Sharia and Law > Department al-Ahwal al-Syakhshiyyah
Depositing User: Abd. Rouf
Date Deposited: 18 Oct 2022 15:03


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