The Shariah Status of Human Milk Banks: A Critical Review of Diverse Opinions ہیومن ملک بینک کی شرعی حیثیت میں مختلف آراء کا ناقدانہ جائزہ

الملخص

In the pure Shariah, there are three major categories of prohibited relations for marriage: lineage (nasab), marital relations/affinity (musaharah), and fosterage (rada'ah). This demonstrates that breast milk is not merely a form of nutrition; rather, it establishes bonds of maternity and fraternity upon which the rulings of marriage and prohibition are based. Despite differences of opinion regarding the required number of feedings, jurists (fuqaha) are unanimously agreed that during the age of infancy, a foster relationship is established if a child consumes the breast milk of another woman through any method. However, contemporary scholars hold divided views regarding the establishment of "Human Milk Banks" and whether foster relations are proven or disproven through them. Some argue for its permissibility, others maintain its impermissibility, some allow it under strict conditions, while others have remained completely silent on the matter. Below, we will present the arguments of all these viewpoints, evaluate the grounds for preference among them, and prioritize the arguments of one group. This will provide a comprehensive understanding of the necessity and potential harms of establishing Human Milk Banks, enabling practical implementation if it is deemed permissible in an Islamic country like Pakistan, or keeping this pure land free from actions that displease Allah if it is deemed impermissible. In this paper, a critical review will be conducted on the views of both the opponents (mani'een) and proponents (mujawizeen) regarding Human Milk Banks. An analytical study of their respective arguments will be presented, and all evidence will be evaluated in light of contemporary context and modern-day necessities.