Waraqat : Jurnal Ilmu_Ilmu Keislaman
Vol. 9 No. 1 (2024): Waraqat: Jurnal Ilmu-Ilmu Keislaman

Induction Lactation in Islamic Law Studies and Indonesian Positive Law

Khusnul Amalia (Universitas Islam Negeri Sunan Kalijaga Yogyakarta)



Article Info

Publish Date
01 Jul 2024

Abstract

This study aims to examine the legal status of the practice of induced lactation using synthetic hormone injections under Islamic law and Indonesian positive law, as well as its impact on the status of the nursing child and mahram relationships. This is a literature study that analyzes texts from Indonesian positive law, the perspectives of the four Islamic schools of thought, fatwas from the Indonesian Ulama Council on radha'ah , and other supporting articles. The focus is on elucidating legal values and norms, as well as supporting arguments, using a comparative method between Islamic and Indonesian positive law. The library data are analyzed comparatively using a juridical-normative approach to illustrate the legislative scope of both legal systems and highlight aspects that remain contentious. Findings indicate that the practice of induced lactation with synthetic hormone injections is permissible in both Islamic and Indonesian positive law, provided that the substances used are free from haram elements and do not pose health risks to the woman or the child. However, according to the four Islamic schools of thought, the status of the nursing child is still determined by the origin of the milk production, not by the use of synthetic hormones.

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Journal Info

Abbrev

WRQ

Publisher

Subject

Religion Education Languange, Linguistic, Communication & Media

Description

WARAQAT: Journal of Islamic Studies is a refereed publication devoted to research articles, reports, and book reviews concerned with the Islamic Studies. This journal dedicated to enhancing and disseminating scholarly work in the field of Islamic Studies WARAQAT: Journal of Islamic Studies publishes ...