دی اسکالر (Dec 2022)
URDU-DIFFERENT OPINIONS OF JURISTS CONCERNING UN MARRIAGEABILITY DUE TO BREAST-FEEDING: A COMPARATIVE STUDY
Abstract
Islam has allowed breastfeeding; feeding a child with the milk of a woman other than its mother is also allowed. Breast feeding of a woman other than mother may be needed for many reasons, for example, when child’s mother dies or she is not producing sufficient milk for child's nutrition, or she is busy with work, or she does not have sufficient time to breastfeed her child. There is the chance that mother may go out for several days, likewise there are many other reasons which prove that she is unable to breastfeed her child. In such cases, Islam allows a child to be nursed by any other woman so that child can be nourished properly. According to this, the Islamic Shariah commandments are proven; for example, a mother-son relationship is established between a breastfeeding woman and a breastfeed child, due to which all the relationships connected with the breastfeeding woman are associated to this child as well. On the one hand, a relationship of un-marriageability is established between them, due to which marital relation between them is illegal and veil orders are also lifted in front of such child. Many Muslims are unaware of the results of Riza'at i.e. breastfeeding along with its conditions that when Riza't is proven and when it is not proven, what are the conditions for its proof and other related things to Riza'at. They are also oblivious to many other problems, due to which many social problems arise, especially the problems of marriage. Therefore, in this paper, the problems related to breastfeeding of a child other than mother are researched. Most of the jurists are in agreement in most of the issues, but in some issues they have different point of views, so in this paper, the viewpoints of different jurists and their arguments have been researched and analyzed. In this regard, mainly the Qur'an and Sunnah are the primary sources. While various books of jurists and related material have also been taken from five school of thoughts, ie Hanafiah, Shafaiah, Malikiah, Hanbliah and Shiah.
