URDU 2 RULES IN REGARD OF SALE ABLE COMMODITIES IN TRADING --"HUMAN MILK" AS COMMODITY (مبیع) [AN ANALYTICAL STUDY IN THE LIGHT OF FIQH ACADEMIES' RESOLUTIONS]

تجارتی معاملات میں مبیع کے احکام ۔۔ انسانی دودھ بطور مبیع(فقہ اکادمیات کی قراردادوں کی روشنی میں تجزیاتی مطالعہ)

Abstract

Allah Almighty is the Creator and the Sustainer of mankind. After the birth of a child, Allah Almighty immediately arranges his food in the form of "Mother's Milk" which is full of nutrition and affection. According to Holy Quran, all mothers are ordered to breastfeed their new born babies. From the earliest times of human history, it has been the custom for mothers to breastfeed their babies about two years after the birth of child, or to hire a midwife (مرضعہ) for this purpose. In order to meet this need of children in modern times, a third form / method has also come up, in which women milk is being expressed manually or through instruments (breast pumps etc.) and provided to different babies through “Human Milk Banks”. This new third method is being implemented in different countries of the world, especially in western countries. Actually, this expressed milk is provided to babies who are in need of it for a variety of reasons. More than 750 “Milk Banks” have now been established and working properly in different countries. According to statistical data provided on the website of “The BC Women's Provincial Milk Bank” in Canada, this Malik Bank has been operating continuously since 1974 and is a founding member of the “Association of Human Milk Banks in North America”. The bank collected about 43,000 litres of human milk from almost 4000 women and provided it to thousands of children. The website also display that as the demand for this milk is increasing day by day, so, we need more women who can provide services in this regard. In these milk banks, there is some payment is also given to donor ladies and some women donate their milk and do not receive any compensation. It is a fact that this process is not entirely from donated milk. And how it is possible that a mother give her baby's share of milk to another woman's baby for free? It’s a proven fact that behind this, there exist some financial interest and compensation as motivation. Many questions about “Human Milk Banks” require research from Fiqhi (Islamic fiqh) point of view. Such as; is it the right thing to do to create a "milk bank"? Is it permissible to buy or sell expressed human milk? Does this milk prove Rada’t(رضاعت)? Can the milk of women of other religions be fed to Muslim children from these banks? Etc. This research paper will explore one most important aspect from these questions, which is: Can human milk be offered as a Mabi’ (مبیع) for sale and purchase in milk banks? And what is the position of the Islamic Jurisprudence Academies (اسلامی فقہی اکادمیات) in this regard? Does the milk stored in human milk banks have the status of normal food or does it falls into the category of medicine?