Chapter 46

The Development of Milk Bank According

to Islamic Law for Preserving the Progeny
of Baby

Normadiah Daud, Nadhirah Nordin, Zurita Mohd Yusoff

and Rahimah Embong

Abstract Milk bank has become a common phenomenon in the Western countries
in the USA, UK, and other developed countries. The main purpose of the estab-
lishment of milk banks in such countries is to save the babies’ lives and to ensure
that the newborn babies’ rights to breast milk are fulfilled. The problem, however, is
that milk bank practices in the Western countries contradict with the Islamic law
whereby it may result in the possibility of overlapping of the progeny (nasab).
Consequently, the 97th Muzakarah of National Fatwa Council for Islamic Affairs
Committee, which convened in 15–17 December 2011, had prohibited the imple-
mentation of the milk bank. However, due to a critical need of breast milk in
hospitals, this study suggests ways to formulate a proper model of milk bank that is
compatible with the Islamic law and simultaneously able to avoid further problems
of nasab. This is a qualitative study that utilises the content analysis method and has
two main objectives: firstly, to review some authoritative legal scholars’ opinions
on the issue of milk bank and secondly, to recommend a proposal on how to
develop a milk bank in accordance with the Islamic law in Malaysia. The study is
expected to be able to draft a proposal to establish a milk bank run by Muslims and

N. Daud (&)
N. Nordin
Z.M. Yusoff

Department of Shariah, Faculty of Islamic Contemporary Studies,
Universiti Sultan Zainal Abidin (UniSZA), Kampus Gong Badak,
21300 Kuala Terengganu, Terengganu, Malaysia
e-mail: normadiah@unisza.edu.my
N. Nordin
e-mail: nadhirahnordin@unisza.edu.my
Z.M. Yusoff
e-mail: zurita@unisza.edu.my
R. Embong
Department of Islamic Education & Civilization, Faculty of Islamic
Contemporary Studies, Universiti Sultan Zainal Abidin (UniSZA),
Kampus Gong Badak, 21300 Kuala Terengganu, Terengganu, Malaysia
e-mail: rahimahembong@unisza.edu.my

© Springer Science+Business Media Singapore 2016 509

S.K. Ab. Manan et al. (eds.), Contemporary Issues and Development
in the Global Halal Industry, DOI 10.1007/978-981-10-1452-9_46

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510 N. Daud et al.

to guide its implementation by fulfilling all prerequisites of Islamic law. This

recommendation will give some implications to the authorities of the National
Fatwa Council to review the prohibition declared in the previous muzakarah. It is
recommended that the Ministry of Health provides adequate preparations in terms
of expertise, facilities, and equipments to ensure the proper facilitation of the milk
bank.

Keywords Islamic law
Breastfeeding
Milk bank

46.1 Introduction

Breastfeeding or al-raḍa’ah is essential in the life of a child and a mother (Zaydan

2012; al Mawardi 1996). The most important impact of breastfeeding is that it
creates a milk kinship between a mother and the breastfed child (al Mawardi 1996).
Full breastfeeding provides substantial benefits to both the child and the mother; it
makes them healthier, more intelligent, and active (Jelliffe and Jelliffe 1978;
Hutchins 1979; Lucas et al. 1992). Without a doubt, a child deserves the right to
breast milk because it is the best source of nutrition for growth, health, and mind.
The command in breastfeeding is mentioned in the Quran. Its meaning:
And mothers shall suckle their children for two whole years, for those who wish to
complete the suckling.
(Al-Baqarah: 233)

It is unfortunate that today, this divine command is almost ignored by some

mothers because they are busy working (Slusser et al. 2004), or suffering from
maternal illness, absence of milk, or facing other challenges. Consequently, the
baby is no longer feeding on breast milk; instead, he or she gets only formula milk
that contains less nutrition. In fact, the mother’s failure to breastfeed her child
brings out further negative effects to the child: the child loses the source of nutri-
tional dietary that is vital for the development of his/her mental and physical health,
especially in the first six months—the period commonly known as exclusive
breastfeeding (Horne et al. 2004; Vennemann et al. 2009; Owen et al. 2006).
The above statement of problem shows that there is an urgent need to establish a
milk bank in this country. Australia is one of the most successful countries to
implement a milk bank in a very systematic manner. The Perron Rotary Express
Milk Bank (PREM Bank) has been established at King Edward Memorial Hospital.
In PREM Bank, the records of donors and recipients are kept and are well informed;
therefore, the problem of consanguinity redundancy can be avoided. The method
used by PREM Bank has been proven to be very systematic as the process starts
with obtaining the consent from the mother to donate her breast milk.

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46 The Development of Milk Bank According to Islamic Law … 511

Then, the mother is screened to ensure that they are free from any threat of a
contagious disease. The bank then proceeds the interview process to get informa-
tion regarding the mothers’ dietary habits and lifestyle (Anon 1994). Although this
method is implemented in non-Muslim countries, it is nearly in accordance with the
Islamic law. In sum, if a non-Muslim country can implement the system, it is not
impossible for Malaysia, an Islamic country, to implement the same, particularly
with guidance from scholars, muftis, and Muslim scholars.
Today, the constitution of milk banks has grown in Western countries such as
the USA and the UK. With the awareness of the importance of breastfeeding,
mothers in these countries are now willing to let their babies be breastfed by other
people. However, the downside of this is that sometimes these breastfeeding
mothers do not even know the babies, and although this is regarded as common in
the West, it is contrary to the Islamic teachings. Islam forbids the consumption of
milk from a completely unknown person. This is because breast milk plays a very
large role in affecting the conviction of consanguinity and progeny of a baby.
Therefore, some recommendation for the establishment of milk banks in Malaysia
may help mothers who could not breastfeed their children. In addition, with the
availability of the milk bank, children will be able to receive the best nutrition for
their health in the future. It is important, however, that the recommendations
meet all the requirements of the Islamic law in order that the progeny is preserved.
The objectives of the study are to examine the views on the establishment of the
milk bank, according to Muslim jurists, to investigate the urgent need of milk banks
in Malaysia, and to recommend a model of the establishment of milk bank that can
preserve the child’s progeny.

46.2 Methodology

This study is a qualitative, library research, utilising the content analysis method.
The main references are the inherited books (turath), which consisted of Fiqh,
Sirah, Tafsir, Hadith, and others. In addition, several selected international journals
such as the American Journal of Clinical Nutrition, Journal of Human Lactation,
Pediatrics Journal, and others which are related to milk bank are also reviewed. This
analytical study aims to examine the opinions of Muslim legal scholars regarding
the issue of establishing a milk bank and to identify means of establishing a milk
bank if it is to be implemented in Malaysia. Meanwhile, findings from the journals
on breastfeeding are used to support the critical need of milk banks based on its
advantages from a scientific perspective. This study will discuss the definition of
breastfeeding, the command of breastfeeding, and its consequences on forming
milk kinship. It will also highlight the discussions among legal scholars about the
establishment of milk banks and forward some recommendations for developing a
milk bank in Malaysia.

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46.3 Results and Discussion

Literally, the word breastfeeding is derived from the word radi’a and rada’a, which
means breastfeeding by the mother (Abu Jayb 1988). The nursing women are called
al-murḍi’ah, while the breastfed child is called al-raḍi‘ (al-Razi 1995). Technically,
in Islamic terminology, there are several points of views regarding the several
definitions of breastfeeding. The Hanafi school defines breastfeeding as drinking
milk from the women of Adam for a certain period of time (al-Ghunaymi 1993;
al-Zayla‘i 2000). Maliki contended that breastfeeding is the entering of a woman’s
milk, whether after death, or the milk of a young girl, through the nipple, food aid
or mixing the milk with other food (with a condition that there are more quantities
of milk compared to others) in a period not exceeding two years (al-Dardir n.d).
Shafi’i, whose thoughts are followed by a majority of Muslims in Malaysia,
proclaimed that breastfeeding is a means of entering breast milk into a child that
may affect his or her growth (al-Sharbini 1978). Hanbali, on the other hand, viewed
breastfeeding as giving milk either naturally or through drinking aids to anyone
whose age does not exceed two years (al-Bahuti 2003). Based on the aforemen-
tioned definitions, it can be concluded that the meaning of breastfeeding, according
to Muslim jurists, is entering of the women’s milk through the breast into the cavity
of children with certain prerequisites (Ibnu ‘Abidin 1992; al-Sharbini 1978).
A few Quranic injunctions and prophetic traditions promote breastfeeding
because it is considered the best food for babies for proper mental and physical
growth. However, in Islam, breastfeeding is not merely related to health; it has
implications to the progeny of the involved babies due to the degrees of consan-
guinity between them.
There are two prerequisites that will give implications to the progeny: the first is
the age of the baby being less than two years and the second is that the breastfed
baby must be satiated at least 5 times. Generally, the family system in Islam is
affected through breast milk wherein the people involved become mahram such as
becoming milk siblings. This affects kinship relations and progeny. Therefore, a
woman who breastfeeds a child who is not her begotten child will, by Islamic law,
turn the child into her breastfed child. In such a circumstance, it is forbidden for
them to enter into marriage with one another, or for the child to enter into marriage
with the woman’s husband as he is not her milk father. It is permissible for the
breastfed children to mingle freely with their milk siblings and they are allowed to
travel together. The descendants and ascendants of the nursing mothers are for-
bidden from marrying the breastfed individual as agreed by Shafi’i, (al-Shafi’i n.d)
Hanafi, (al-Sarkhasi n.d), Maliki (al-Dusuqi n.d), and Hanbali (Ibn Qudamah 1983);
the same goes for the mother’s sibling, the mother’s begotten children, the mother’s
grandchildren, and the mother’s mother. This rule applies with consanguineous kin
of the milk father. The milk father (al-Bayjuri 2010) is the biological father of the
milk siblings.
The establishment of a milk bank is initiated by collecting breast milk from
women around the world and then storing it in a special place similar to a blood

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46 The Development of Milk Bank According to Islamic Law … 513

bank. Such establishment of milk banks has led to critical questions. Among the
questions are whether sharing a similar milk would lead to forming milk kinship
between the breastfed babies with the breast milk donor; also, is there a way to
identify the milk owners when the milk is already mixed with the milk donated by
other women? Thus far, the establishment of a milk bank has received two con-
tradicting scholarly opinions who agree and disagree to it, each with their own sets
of arguments and evidences to determine the rulings of such critical issue.
The legal scholars who agree to its establishment tend to justify that the umum
al-balwa ruling can bring easiness and consideration towards the nature of human
beings. This view opines that the health of a child should be a priority. This is
because lack of breastfeeding will bring harm to newborn babies and in certain
cases will cause the babies to suffer from various diseases that may even lead to
death. Thus, the legal scholars who hold this opinion consider that the approach to
the betterment of the Muslim community is more important than mere individual
interests (Qaradawi 2000). Most scholars who agreed to this opinion also argue that
there is no possibility of consanguinity if the donated milk is in small amount. Even
when the milk is dried and processed to flour, it requires a lot of water to turn it into
liquid, and consequently, because the milk is mixed with other ingredients, the milk
is no longer in its original form. Similarly, some scholars hold on to the opinion of
Ibn Hazm, who defines that breastfeeding only takes place when a baby suckles the
breasts of a woman using his or her mouth (Ibn Hazm n.d).
When the milk is fed with a container or with bread or with any other food, or by
dropping the liquid into the baby’s mouth, nose and ears, or injected do not make
the baby a mahram. This means that giving milk from the milk bank to the babies
will not result in the donor and the baby becoming mahram. This is from Ibn Hazm
(Qaradawi 2000) and is similar to al-Fatawa Hafnawi’s opinion in Syariyyah
Mu’aṣirah, who professes that the adequate advantages given by the milk bank can
save the lives of many babies (al-Hafnawi 2009).
Lajnah Fatwa al-Azhar in 1960 also supports the establishment of a milk bank.
When asked by Indonesian Council Health Considerations and Islamic Law on this
matter, Lajnah gave their opinion based on the book al-Durr al-Mukhtar that states
that if a child (a daughter) is breastfed by many women in a village and among
these women are unknown individuals and if one of the villagers wants to marry her
and there is no proof that they are milk siblings and there are no other witnesses, it
is permissible for the two individuals to get married (Ibnu ‘Abidin 1992; Council
Health Considerations and Islamic Indonesia 1976).
Even so, most of the scholars among the four sects reject the opinion of the
respective scholars. For example, when was asked about the formation of such milk
bank, al-Walid ibn Rashid al-Suwaydan argued that the scholarly opinion of the
permissibility for establishing milk banks will lead to more harm because of its
attempt to avoid ambiguous situations. Therefore, breastfeeding can be done in the
absence of the real mother simply by hiring a woman to breastfeed. Furthermore,
many women these days are willing to volunteer to nurse a child. In addition, in the
period of food technology development, breast milk can be replaced with manu-
factured milk even though such milk will never be able to replace the benefits of

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breast milk. Accordingly, there is no urgent need to establish a milk bank because
its establishment will lead to obvious corruption that comes from covering unclear
issues (Suwaydan 2005).
Accordingly, Majma ‘al-Fiqh al-Islami discussed about this issue in its second
convention (Muktamar) in Jeddah on 10–16 Rabi’ul Awal 1406H/1985 M or
December 22–28. Eventually, the convention arrived to a decision of prohibiting
the establishment of milk banks in the Muslim world of milk and it is haram to get
breast milk from the milk bank. Indeed, Islam considers breastfed siblings as
brothers and sisters and they are no different from blood consanguinity. Therefore,
the rulings of unlawfulness of marriage apply to them as well. This is inconsistent
with the objective of Islam that is to preserve the lineage or progeny (nasab).
Furthermore, in social relationships among Muslims in the Muslim world, it is still
possible to breast milk naturally to normal newborn babies and children. As a result,
there is no need to establish a milk bank (Majalah Majma’ Fiqh Islami 1985).
The group of Muslims who disagree to the establishment of milk bank feel that
milk banks lead to serious harm because it attempts to cover an ambiguous harm.
More serious harm means that the progeny or lineage will become more compli-
cated if the baby consumes milk from an unknown source. Islam preserves the
progeny or lineage, and this is included in the five objectives of Islamic law
(Maqasid al-Shariáh). Therefore, the establishment of milk bank is not required
based on scholarly opinions that had been discussed.
Based on the previous discussions, Malaysia uses the opinion of prohibiting the
establishment of the milk bank. Subsequently, the 97th Muzakarah of National
Fatwa Council for Islamic Affairs Committee, which convened on 15–17 December
2011, had discussed the ruling of Islamic law regarding the establishment of milk
bank as follows.
The muzakarah in the view of preserving the progeny is one of the five objectives
of Islamic law which is mandatory in Islam. Therefore, any action or act that may
cause harm to the progeny should be avoided. The muzakarah also perceives that the
ruling for the establishment of the milk bank is closely related to the prerequisites of
the prohibition for the reason of breastfeeding that cause the babies who breastfed by
a woman, or more than one woman will become a breastfeeding mother and siblings
in which marriages among them are illegal when they meet those prerequisites. This
view is consistent with the views of the majority of jurists that a baby has legally
become a breastfed child whether through breastfeeding directly or indirectly (Anon
2012, the law of the establishment of the milk bank, http://www.eedicts.gov.my/
print/fatwa-kebangsaan/hukum-establishment-milkbanks).
Accordingly, since the establishment of milk bank can result in mixed lineage and
bring Muslims into confusion and unlawful situations, and the need for its estab-
lishment could endanger the betterment of the Muslim community, the muzakarah
had agreed to pronounce that the establishment of milk bank is not required. The
muzakarah had also decided that in order to meet the needs of premature infants who
require treatment, as well as the need of mothers with chronic or infectious diseases
and could not breastfeed their babies, it is permissible for other mothers to

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voluntarily donate their breast milk to the babies and their families. These donors,
however, must know each other (Anon 2012).
In addition, scholars from the National University of Malaysia on their study on
milk banks perceived that its establishment will imply some possible negative
effects such as the possibility of the milk bank being turned into a commercial bank.
Wealthy mothers would become lazy to breastfeed their own children and would
just get breast milk from the milk bank. On the other hand, the poor mothers will be
busy selling their breast milk to the milk bank and ignore their own babies. As a
consequence, the Islamic injunctions that enforce mothers to breastfeed their own
children will not be realised. Furthermore, expressed milk preserved in milk banks
may not possess the same nutritional value as fresh breast milk wherein the former
can be exposed to microbial contamination that can harm the baby (Abbood Alwan
et al. 2012).

46.4 Why Is Milk Bank Urgently Needed in Malaysia?

The issue of breast milk bank has garnered the attention of the Malaysian public on
14 March 2006. The Director of Health, Ministry of Health, Malaysia, YBhg. Datuk
Dr Ismail Merican raised this issue in his opening speech in the Seminar on Medical
Issues in Islamic Perspective held at the Institut Kefahaman Islam Malaysia (IKIM).
The effort of storing expressed breast milk has two major problems for the babies.
First, most who are born prematurely require intensive care and adequate supply of
natural breast milk. Normally, these babies cannot consume milk other than natural
breast milk. Secondly, some babies are unable to accept artificial feeding even
though they were born after the maturity of the pregnancy. The lack of natural
breast milk for both of these groups can affect their lives and health. Consequently,
an effort was made to collect breast milk from hundreds of parents from different
races, religions, and countries. The collected breast milk was stored scientifically in
a secure place at breast milk bank. The milk was issued upon request and the urgent
need of a particular baby. This milk will be commercially produced based on the
demand or urgency of some caregivers or guardians of the babies worldwide (Abd
Rahman 2014).
Furthermore, in Malaysia, cases such as premature births, births by mothers with
HIV positive, and births of twins and triplet are increasing. According to Dr Rafidah
Hanim Mokhtar, a council member of the Association of Muslim Women in
Malaysia, 12–20 % of children who are breastfed by mothers with HIV can be
infected with the virus, and hence, the infants require milk from other mothers to
avoid being infected (Anon 2012). The study also recognised that every baby can
reduce the risk of various chronic diseases if he or she is given breast milk,
especially in cases of chronic conditions such as premature birth. This shows that
there is a critical and urgent need to establish a milk bank in this country (Utusan
Malaysia Online, 9 February 2012).

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However, public awareness of the advantages of breast milk has caused more
mothers, who are unable to breastfeed, to allow their babies to be breastfed by
others without having knowledge of the rulings and the consequences arising due to
such breastfeeding. This will lead to severe social problems and the possibility of
incest marriages among milk siblings. Therefore, it is with this social and religious
preservation that the development and establishment of a milk bank that could
preserve the purity of progeny be established.

46.5 Recommendations for the Development of Milk Bank

in Malaysia

As previously stated, the 97th Muzakarah of National Fatwa Council for Islamic
Affairs Committee declared the prohibition of establishing a milk bank. This was
due to the possibility of corruption of consanguinity or progeny (nasab) and the
overlapping of consanguinity between breastfed babies and their related family. In
view of the Islamic law, the redundancy of consanguinity or corruption of progeny
could only occur if the child is satiated from drinking the breast milk for more than
5 times (al-Sartawi 2007). It could be argued that if the reason is that it causes the
prohibition be removed, then the development of the milk bank can become per-
missible. This also means that if the milk bank is established, and every baby
receives milk from different mothers, and the amount of milk received equates to
less than 5 times of contentment, then the prohibition is null for the reason that the
overlapping of the progeny has been removed. This study gives some recommen-
dations for the establishment of milk bank that can avoid the redundancy of con-
sanguinity among breastfed siblings:
1. The Ministry of Health should establish a special laboratory to accommodate
expressed breast milk donated by mothers. Such laboratory should provide
plenty of frozen spaces. Every mother who donates will have their names
recorded on each bottle. It is suggested that the donor mothers are recognised
with some incentives or advantages as given to blood donors. They also need to
undergo medical check-ups in order to ensure that their health is in good con-
dition and that they are qualified to contribute their expressed breast milk. The
collected breast milk should be put separately according to different donor
mothers to avoid confusion and mixture of the milk.
2. For the next step, the collected milk should be packed individually in an amount
that is sufficient for the baby to be contented (the rate may be discussed with a
physician). Subsequently, the packed milk will be frozen and can last for up to
6 months. The expiry date should be clearly written on the package.
3. The donation of breast milk should be managed by a Muslim medical officer
who has a sound understanding of the importance of preserving the sanctity of
progeny, and he or she should be given adequate training from both the medical
and Islamic points of views. Just like blood, milk can only be released after

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46 The Development of Milk Bank According to Islamic Law … 517

getting instructions from a hospital or clinic. Meanwhile, individuals are not

allowed to buy the milk so as to avoid interference to the supervision of
overlapping progeny.
4. The responsible officer who manages the milk bank should prepare the milk
from the same mother in the amount equivalent to less than 5 times of con-
tentment, for example, the use two packets of milk from mother A (2 times
contentment) and 3 packets from mother B (3 times contentment). This way, the
lives of the involved babies can be saved, the purity of progeny is preserved, and
the donor mothers can gain some incentives as their side income.

46.6 Conclusion

Based on this substantive study, it is concluded that there are many pros and cons in
the establishment of milk banks among Muslim jurists. As a consequence, this
study takes the moderate (wasatiyyah) approach whereby all opinions are consid-
ered. Most importantly, the scholars’ opinions are reviewed based on the current
context together with the views of medical experts. The guidelines and method-
ology are derived from the Islamic jurisprudence sciences, the rulings of Islamic
Shariah, Quraníc injunctions, and prophetic traditions. It is hoped that the outlined
recommendations meet the requirements of Islamic law and consequently will be
able to preserve the sanctity of consanguinity among the breastfed children and
their related foster families.

Acknowledgment This conference paper is fully supported by the Centre for Research and
Innovation Management (CRIM), Universiti Sultan Zainal Abidin in Terengganu, Malaysia.

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