STATUS KEMAHRAMAN SEBAB DONOR ASI DI YAYASAN LACTASHARE LOWOKWARU MALANG

M. Taufiq Agiel, S.H., NIM.: 21203012011 (2023) STATUS KEMAHRAMAN SEBAB DONOR ASI DI YAYASAN LACTASHARE LOWOKWARU MALANG. Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Breast milk donation is an alternative solution to help mothers who have difficulty producing breast milk to support exclusive breastfeeding. However, in reality, there are many mothers who cannot fulfill their exclusive breastfeeding needs due to certain medical indications, so they choose to use the services of breast milk donor practices. Breast milk donation can provide many benefits but it cannot be denied that it will also pose a risk to the baby if not addressed wisely. Thus, the establishment of a breast milk donor foundation needs to be seen from various points of view of the scholars, because it brings a concern for children who breastfeed and are breastfed by others from several factors so that it can be invalidated or not invalidate a marriage because of a person's marriage due to breastfeeding. This research is a qualitative research. The type of research is field research conducted at the Lactashare Foundation Lowokwaru Malang. This research uses an empirical normative approach by using Raḍā’ah theory and maqasid shari'ah theory in its analysis. Data collection techniques are interviews, observation and documentation. The method used in analyzing the data is qualitative-descriptive with inductive thinking. The results of the study show that the entire process fulfills the terms and conditions of Raḍā'ah. Lactashare Foundation Malang uses a milk bank system that does not involve direct breastfeeding by a mother, but rather the milk is pumped, then put into a container or bottle. Separation is done based on the identity, gender, and age of the baby during milking to clarify the mahram relationship with the baby receiving the donation. Breast milk distribution at Lactashare Foundation Malang is done based on medical indications, such as mothers who are unable to breastfeed due to health reasons or insufficient milk supply, adopted babies, and medication consumption. This breast milk bank is different because it issues a mahram certificate after fulfilling the conditions of mahramanship, which clarifies future family relationships to prevent marriage of blood relatives, which is prohibited in Islam. In the concept of maqāṣid syarī'ah, this is closely related to the principle of protecting the soul (hifẓ an-nafs). In order to maintain the health and growth of the baby, under certain circumstances, the baby has the right to receive breast milk even if it is not from the biological mother. To avoid the occurrence of marriage due to mahram as a legal protection effort, lactashare conducts written records in the form of certificates issued in collaboration with MUI and breastfeeding books to realize hifḍz an-nasl.

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