Explanation of the theory of “the obligation of breastfeeding by mother and the necessity of paying its related costs by father” from the perspective of Islamic jurisprudence

نظری توکلی, سعید ( دانشگاه تهران)
کراچیان ثانی, فاطمه ( دانشگاه تهران)

Journal of Fiqh and Usul
سال. Û´Û¸, شماره. Û³: شماره پیاپی Û±Ã

According to the prevailing view in the Islamic jurisprudence since breastfeeding is not mothers duty, she is entitled to demand wage from her husband for breastfeeding her child. In this article, the authors intend to prove, through reviewing the evidences of this view and the alternative one, that there is a meaningful relationship between the following phrases: “if they breastfeed for you, pay their wage” and “ their maintenance and clothing must be borne by father” and that wage has no meaning other than meeting mother’s essential needs.
This study has been performed in an analytical-descriptive method and the information was collected in library research method.
After explaining the Quranology concepts and bases of the discussion, the Islamic jurisprudence texts will be analyzed and finally one of the raised views will be preferred over others.
The conclusion is that breastfeeding is mother’s duty. During the marriage, mother is not permitted to demand wage from her husband in return of breastfeeding, unless the husband has consented to breastfeeding. After separation, mother is still obliged to breastfeed her child, but child’s father is bound to satisfy mother’s needs (food and clothing) in exchange for this service.