PRAKTIK DONOR ASI DAN DISKURSUS KEMAHRAMAN: KAJIAN DONOR ASI DI LACTASHARE

ATIKA NUR ANNISA, S.H., NIM. 18203010054 (2020) PRAKTIK DONOR ASI DAN DISKURSUS KEMAHRAMAN: KAJIAN DONOR ASI DI LACTASHARE. Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Indonesia is shocked by the high rate of preterm and orphaned births, which is the fifth position in the world with its rate of preterm births. This incident contributed to the low level of breastfeeding for babies due to the mother's inability due to medical indications she experienced. Meanwhile, breast milk is the main food that cannot be replaced by anything, so the process of donating breast milk is often the best solution for babies. However, the donation process, which causes a maḥram relationship to prohibit marriage, is still conventionally without education, quality assurance of security, and legal protection for the parties. The birth of Lactashare as the first integrated breastfeeding waqf institution in Indonesia is something new and is in great demand. This study measures the level of legal awareness of Lactashare, factors supporting breastfeeding donors in Lactashare, and the parties' legal interpretation of the concept of familiarity due to breastfeeding donors. The research used socio-legal approach as to describe the donations that is practiced in Lactashare and the discourse of maḥram (filiation by breast feeding) among donors. This research is a field research with a qualitative approach. The data is collected through interviews and documentation and thorugh inductive method of analysis. The conclusions obtained in this study are as follows: (1) The level of legal awareness of Lactashare reaches the highest level of awareness because it implements a health protocol that requires screening of donors and pasteurization of breastfeeding as well as working directly with MUI to issue one-of-a-kind certificates. (2) The factors behind the women‟s interest in joining the donor practice in Lactashare include charismatic authority of medical personnels, especially doctors, family and environmental support, as well as the good system of Lactashare in the donation system. (3) the Lactashare legal knowledge of the concept of maḥram is in accordance with the MUI Fatwa No. 28 of 2013 on the issue of Breastfeeding Donors. The legal understanding of donors and recipients of breastfeeding donors (recipients) does not actually touch upon the concept of maḥram that would be resulted from donation. For them, that Islam permits the practice of breastfeeding donor is sufficient to be taken as the legality of the donor they practice. The establishment of a maḥram relationship is something they are grateful for.

Item Type: Thesis (Masters)
Additional Information: PROF. EUIS NURLAELAWATI, M.A., PH.D.
Uncontrolled Keywords: ASI Donors, Lactashare, Discourse of Maḥram
Subjects: Ilmu Hukum
Divisions: Fakultas Syariah dan Hukum > Magister Ilmu Syari'ah (S2)
Depositing User: Drs. Mochammad Tantowi, M.Si.
Date Deposited: 25 Oct 2021 10:12
Last Modified: 25 Oct 2021 10:12
URI: http://digilib.uin-suka.ac.id/id/eprint/45856

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