حرمتِ رضاعت: قرآنی و فقہی اصول، مذاہبِ اربعہ کے مواقف اور جدید طبی مسائل کا تحقیقی جائزہ

The Prohibition of Fosterage (Radāʿah): A Research Review of Qur'anic and Juristic Principles, Positions of the Four Schools of Law and Modern Medical Issues

Abstract

This research paper presents a comprehensive study of the prohibition of fosterage (Radāʿah) in Islamic law, examining its Qur'anic foundations, juristic principles, positions of the four major Sunni schools of law, and contemporary medical challenges. Fosterage refers to the relationship established when a child is breastfed by a woman other than his biological mother, which, under specific conditions, creates legal prohibitions of marriage similar to those of consanguinity. The study analyzes the Qur'anic verses, particularly from Surah Al-Nisa (4:23), and authentic Prophetic traditions, including the foundational ḥadīth that "fosterage prohibits what consanguinity prohibits." A comparative analysis of the Ḥanafī, Mālikī, Shāfiʿī, and Ḥanbalī schools reveals differences regarding essential conditions such as the age limit for effective fosterage (ranging from two to two and a half years), the minimum quantity of breastfeeding required (from minimal ingestion to five separate feedings), and evidentiary requirements. The research also examines classical rulings on related issues including wet-nursing, the legal status of fosterage relationships regarding inheritance and seclusion (khalwah), and the prohibition of marriage between foster relatives. Special attention is given to contemporary challenges including human milk banking, frozen and pasteurized donor milk, IVF and surrogacy-related breastfeeding issues, and the legal status of adopted children. The study includes an analysis of positions taken by modern Islamic fiqh academies and contemporary scholars on milk banks, which remain contentious due to concerns about lineage confusion and the difficulty of tracing fosterage relationships. The paper concludes that while classical juristic differences reflect the richness of Islamic legal tradition, modern medical developments require renewed ijtihad to balance the benefits of donor milk for premature infants with the preservation of core Shariah principles regarding lineage protection and family integrity.