BANK AIR SUSU IBU (ASI) DALAM TINJAUAN HUKUM ISLAM

Abstract

The phenomenon of modernity bring with it social changes, some of which are related to family structure. The open of public career for women leads to the broader role of women to participate in public work and to leave their domestic rule. The change has impact to the interpretation of Islamic teachings as well. The nature of Islamic teaching is closely related to social engineering and social control so that any social change will consequently challenge islamic experts (ulama) to formulate Islamic preceipt to meet moslem needs to deal with the new situation. One issue that raises the interest of ulama recently is human milk bank. Human milk bank is a system of providing and transferring donored human milk to those who need it, especially new infants. The system – having been devel-oping in developed-West countries for nearly one century— is now creeping into islamic society and raise the question on its compatibility to Islamic law. The paper is aimed to provide answer in the light of Islamic law to the question.Human Milk Banking may be categorize as branch law (furu’) due to the absent of dalil on it. However, there are abun-dant of dalils (Islamic legal sources) related to breastfeeding and to donor as well as transaction law. From the analysis and induction the the dalils, it can be inferred that basically Human Milk Banking is allowed according to Islamic law because there is not againts any dalil and muamalah (human relation) is basically allowed as far as no prohibitation. The permission if human milk banking does not mean that all processes employed by the bank are allowed as well. Breastfeeding to infant, in Islamic law, has impact of the relation between milk-owner mother and the baby in which all marriage between both or between the baby with some of milk-owner mother’s relatives is forbid-den. Therefore, the system of human milk bank has to fullfill several conditions, namely identity clairty and safety.