Drying of Mother's Milk and Its Effect on Jurisprudential Rulings — A Comparative Jurisprudential, Fundamental, and Purposive Study

Abstract

This study examines the juristic rulings المتعلقة with powdered breast milk in light of contemporary medical developments, focusing on its legal status, permissibility of trade, and its equivalence to fresh breast milk. The research adopts an inductive, analytical, and comparative methodology by examining classical juristic opinions and linking them to legal principles and the objectives of Islamic law (Maqāṣid al-Sharīʿah). The study concludes that breast milk is considered pure according to scholarly consensus. However, jurists differ regarding its financial status, which leads to اختلاف on the permissibility of its sale. Modern medical findings indicate that the drying process does not fundamentally alter the nature or essential properties of breast milk. Therefore, powdered breast milk retains the same legal rulings as fresh milk, particularly concerning the establishment of milk kinship (raḍāʿah). Furthermore, the study affirms the permissibility of establishing breast milk drying facilities in principle, due to their role in achieving significant benefits such as the preservation of life and lineage. This permissibility is conditional upon adherence to strict Sharīʿah guidelines, including proper documentation of donors, prevention of lineage confusion, ensuring medical safety, and compliance with legal and ethical regulations. The study highlights the necessity of integrating Islamic jurisprudence with modern scientific knowledge to address emerging issues within a Maqāṣid-based framework that promotes benefits and prevents harm.