Breast milk banks between prohibition and permissibility (A study of jurisprudence in comparison with the Iraqi positive law)

Abead.A.Abd,

	Breast milk banks between prohibition and permissibility (A study of jurisprudence in comparison with the Iraqi positive law)
Journal of college of Law for Legal and Political Sciences
Article 1, Volume 6, 22 part 1, 2017, Pages 338-399 PDF (0 K)
Author

Abstract
ABSTRACT : Praise be to God, who does not praise others, prayer and peace be sent as a mercy to the worlds: It has been shown to us through our offer to the subject of our research (banks breast milk between the ban and permitted - a comparative study of jurisprudence -) as follows: First: the importance of breastfeeding for the baby, due to contain milk at all appropriate nutrients to the baby, noting that the installation of the milk gradually changed with the child's development in line with the required feature of the growth, and then the natural milk is a powerful vaccine is indispensable for the child with him. Second: The scholars differed in defining the concept of breastfeeding, which publishes privacy between the infant and nursing on two directions: The first one: The majority of scholars from the Hanafi, Maliki and Shafi'i and Hanbali and Zaidi and Ibadi went to that lesson in the prohibition breastfeeding in the arrival of the milk to the dead of the baby in any manner, whether by sucking the breast or by any means the milk up to the belly of the baby. The second trend: Dhahiri Imami and some contemporaries believe that breastfeeding is what was forbidden by the suction of the breast is not breast-feeding, and otherwise is not called Rdaa, does not prove its prohibition. Third: the consequent breastfeeding between the child and nursing taboo between them as they become a mother to him, and he gets her son, and her husband, a father to him, etc ...; for saying (r): «deprived of breastfeeding is deprived of descent». Fourth: The scholars differed on the quantity of breastfeeding that is proven by the prohibition, according to their understanding of the evidence Istnon it. All of the Hanafi, Maliki and the words of Imam carnivorous and Ibadi to prove that inviolability per one breastfeeding. Shafi'i and Hanbali also went in the right of their doctrine and virtual Zaidi that prohibition does not prove breastfeeding only five feedings Misc more. Some of scholars also argued that the amount of breastfeeding is forbidden is what it was three or more feedings. Imami went to that prohibition does not prove only ten feedings, as went a range of scholars of Hanafi, Maliki and Imam Ahmad in his novel and Ibadi to prove Balrada absolute prohibition. Fifth: milk can be sold or gifted to particular person, This is the view of the majority of scholars. Sixth: The idea of the establishment of breast milk banks have recently emerged in the second half of the twentieth century, after the spread banks corresponding to blood and other human fluids. The intent of the establishment of such banks was not to the benefit of the people and easier for them; because these banks contraptions scientific be playing that on the face of compassion and in its interior, the introduction of confusion and doubt in the hearts of the people; and because the heretics of this idea insist on imposing on developing Islamic societies while not this idea represents any importance in the Islamic societies; because the mother if she was sick or unable to breastfeed her child, or the child is an orphan, can find breastfeeding voluntarily. Legislature has arranged about the availability of certain conditions for the sanctity of the infant is breastfed, and becomes either him from infancy, and become sisters aunts, uncles and brothers, her father and grandfather, and the sons of his brothers and sisters, as her husband becomes a father to him. From this we can see bad faith of the owners of this idea, which insist on publication in the Islamic societies in order to question the ideological issues linked to Muslims, which have a significant impact on the ruling prohibiting the marriage of some women. Seventh: The scholars differed contemporary allowance in the establishment of such banks, it has passed some modern scholars establishment of such Islamic banks in the country, relying on it to some justification, namely: a. The milk is separated from a woman's breasts are not deprived; because drinking and eating is not called breastfeeding is sucking from the breast only, has been discussed this to say that the majority of scholars knew breastfeeding as a name to get milk woman in a small cavity, ie, they depend on the deployment of privacy breastfeeding access breast milk to a small stomach, whether the milk-breasted women connected or separated; because the prohibition is based on the arrival of the milk into a small cavity, which sprouted Oncz bone and flesh. B. And another team from contemporary went to folk sanctity of these banks; because its building on ignorance, so that the child does not know who infants and those who are brothers through breastfeeding, and this is what leads to the mixing of lineages, then maybe the child marry his sister through breastfeeding, and this is what has been forbidden. Finally, said the damage resulting from the establishment of such banks from the violation of the sanctity of God, and wasted the dignity of nursing, and the corruption of morals, and the spread of infection, and the mixing of lineages, and see the sins of women unnecessarily, to other health and social harm to the mother and the child. If some have claimed that the establishment of such banks in the interests of the children, the ward off these evil takes precedence in Islam to bring these imaginary interests. Finally: Every human action must be found in which shortages and lapses that preceded the pen or still by thought, the I done it is of God, though I mistake it myself and the devil , I ask great God to make this work purely for Allah's sake that over all things The answer is worth.
Keywords
Breast milk banks between prohibition and permissibility; A study of jurisprudence; the Iraqi positive law

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