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Ruling on establishing milk banks in Muslim countries

Question

Dear Brother We are group of volunteers consists of Law attorneys, gynecology, neonatologists, pediatrics, family physicians, nurses and social workers, worried about maternal and infant mortality rate in Pakistan because United Nations Children's Fund (UNICEF) has notified that the biggest challenge for Pakistan, right now, is the high infant mortality rate, as 500 children die every day before reaching to their first birthday. One of the reasons for this high mortality rate is improper nutrition. A mother’s milk provides the optimal nutrition for growing infants and is globally considered a pillar of child survival because of its protective effects. To reduce this high mortality rate we are interested in starting Human milk Bank to save our infants. Basically in the beginning we want to start it on our own in private sector and it would be purely on charity basis. We believe that the milk banking system is modern form of Wet-nursing which is not against the Islamic rule of Milk kinship. The milk banks are not repugnant to the Islamic Principles if donor and receiver know each other. We will also make arrangements of meeting of Donor Mother Family and Receiver's Family so they would be able to know each other and the Milk Kinship can be maintained. We will develop a tracking system from first day of donor mother screening to the delivery of Mother Milk to the Infant. Kindly guide us in the light of Islamic point of View. Best Regards Mrs. Malik

Answer

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) is His slave and Messenger.

First of all, we thank the sisters for being concerned about the Muslim community, working for its interest and seeking to save it from harm. It is confirmed in an authentic Hadeeth that Ibn ‘Umar  may  Allaah  be  pleased  with  him narrated that the Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) said: “The most beloved people to Allaah are those who are most beneficial to the people, and the most beloved acts of worship to Allaah is happiness that you bring to a Muslim…” [At-Tabaraani]

So, may Allaah reward all of you for your endeavors.

As regards the subject of milk bank, the Islamic Fiqh Council of the Islamic Conference Organization in the second session of the conference held in Jeddah from 10-16 Rabee‘ Ath-Thaani 1406 A.H/ 22-28 December 1985 CE, issued the following:

"Following a presentation of a Fiqh study and a medical study about Milk Banks which were submitted to the Fiqh Council, and after studying the information that was presented in both studies, and after discussing each of them extensively in a way that comprehended the various aspects of the topic, the following conclusions was reached:

1 - The idea of Milk Banks is a experiment that was initiated by Western nations; however, by the course of time, some scientific and technical adverse effects were noticed, which led to its regression and decline.

2 – From the Islamic point of view, breastfeeding creates a bond similar to a lineage bond and forbids, according to the consensus of the Muslim jurists, exactly the same which is forbidden due to actual lineage relationship. One of the main purposes of the Sharee‘ah is to safeguard the lineage of a person, whereas the idea of Milk Banks may lead to mixing up and doubt concerning lineage.

3 - The social structure in the Muslim world is such that it can fulfill the needs of a premature or a weak child in need of natural breastfeeding from human milk (in some special cases); through the process of providing the child with a wet-nurse, thus eliminating dependency on the Milk Banks. Accordingly, our resolution is as follows:

First: The establishment of Milk Banks should be prohibited in the Islamic world.

Second: It is prohibited to feed a Muslim child with milk provided by these banks.” [End of the quote]

This is in case what is meant by Milk Banks is having human milk stored in it to be provided in case of need, which leads to mixing up and inability to identify the two parties of the breastfeeding process (the baby and the woman by whose milk he is nursed).

However, if you are going to provide a child with a specific woman to breastfeed him, and the family of the breastfed child knows who breastfeeds their child, and they are made aware of the consequent rulings of un-marriageability between the child and his wet-nurse, and it is ensured that the milk is not mixed and there is no doubt about who breastfed who, then there is nothing wrong with this. The role of the bank here is nothing but providing a wet-nurse for the child.

For more information, kindly refer to Fataawa 99499 and 92587.

Allaah Knows best.

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