Bank Air Susu Ibu dalam Perspektif Hukum Islam

Abstract

Breast milk is the most perfect nourishment that is clean and contains lots of nutrients for babies because the processing is carried out naturally in the mother's body. When a mother is unable to breastfeed for various reasons, breast milk can be obtained from breast milk donors. This fact prompted European scientists to come up with the idea of establishing a breast milk bank which aims to help mothers who cannot breastfeed their babies directly. The purpose of this study is to identify and analyze the breast milk bank in the perspective of Islamic law and Islamic foundations that allow breast milk bank. This study uses the theory of legal certainty and the theory of benefits. The research method in this study uses a juridical approach. The results of this study conclude that first, the basis for the permissibility of breast milk bank is the opinion of Al-Imam asy-Syafi'i who asserted that, "Breastfeeding is not unlawful except for five separate feedings." This means that the source of breastfeeding that leads to breastfed siblings is the baby suckling directly to the mother's or donor's breast, while the milk obtained from the breast milk bank is obtained from several different mothers or even mixed and breastfeeding is given to the baby using a special spoon, bottle or tube. The breast milk bank aims to make it easier for babies to get breast milk whose mothers cannot give breast milk to their babies for certain reasons, especially for babies who are born prematurely because premature babies are required to be given breast milk instead of formula milk. Second, breastfeeding is very important for babies because it contains nutrients that are needed for optimal growth and development, for the health and survival of babies. Yusuf Al-Qardhawi stated that he did not find any reason to prohibit the establishment of a breast milk bank as long as it aims to realize solid syar'iyah benefits and to meet the needs that must be met, then it is permissible to establish a breast milk bank.