Normadiah Daud

Surrogate Mother According to Science and the Opinions of Contemporary Islamic Scholars

The desire to have a children in family is the natural wish of all the spouses, but this desire is not being fulfilled in some spouses due to several reasons, so those spouses who misses the opportunity to have a child to lead their life happily do various other efforts to acquire a heir, one of which is the hiring of a surrogate mother or in other words implementing a surrogate mother in their family. Surrogate mother emerged as a result of the development of Science and Technology in the field of medicine. The fact is that a practical process is done on a surrogate mother which results as a help to the couples who are unable to breed their own offspring naturally; but as it is said that all the actions have a reaction in same way the process or the result of implementing a surrogate mother has triggered a lot of problems in the field of Law and Religion in Muslim Community. The first problem is the implementation of a surrogate mother which is not legalised by Islamic law or which is prohibited in Islamic Law. The second problem is the status of the child (Lineage) born through a surrogate mother. The Fuqaha differs from the opinions of the surrogate mother between the one that permits and the other which forbids the practice of being a surrogate mother. Looking at the problems that arises through the implementation of in vitro fertilization (IVF) or surrogate mother process so it is necessary to study a law of legal certainty on the practice of surrogate mother so a to give a clear clarity to the people who will practice the surrogate mother and to those who alwready have a offspring through a surrogate mother.

Syariah-Compliant Milk Bank According to the Opinions of Early and Contemporary Islamic Scholars

Milk bank is undergoing a rapid development in western countries. The proposal to establish Milk Bank in Islamic countries, however, has created issues among the Muslim community. This is due to the fact that milk bank is synonym with nursing in Islam. Breast milk taken from a milk bank, when meets certain criteria, will have an impact on the institution of nursing mahram. In fact, the National Fatwa Council that convened in 2011 has banned the establishment of milk bank in Malaysia. Therefore, the purpose of this research is to identify the criteria needed to make sure that milk bank complies with syarak regulations and able to prevent overlapping in nursing mahram (unmarriagable kin) relationship. This research is based on qualitative method where data collected from documents and interview sessions were gathered and analyzed in terms of content analysis. The result of this research is a draft proposal for a syariah-compliant milk bank (BSPS) that may be able to save infants’ lives while at the same time complies with syarak regulations.

Breastfeeding Practices among Malay Academicians in Malaysia

Breastfeeding is essential to the life of a child. Through it, a child becomes healthier and smarter because of the nutrients in breastmilk provide the best source for a baby’s proper growth and development. Unfortunately, not many babies are fully breastfed despite the recommendations from Islam and the Ministry of Health Malaysia. A major factor to this hindrance is the mother’s employment outside the home. This study investigates the extent to which female academics are able to provide breastmilk to their children. This study is quantitative and utilises SPSS 18.00 software to analyse the data. The method for collecting the data is survey and interviews with experts in relevant fields. A total of 140 of the 180 respondents were chosen from three local universities in Kuala Terengganu, Malaysia. The findings reveal that the respondents were willing to give breastmilk up to one year. The findings also show that there is an increased awareness among mothers to breastfeed. These changes may occur due to the mother’s maturity, experience and knowledge. A positive environment that encourages breastfeeding and the technological advancements may also be contributing factors to the improved statistics of breastfeeding.

The Development of Milk Bank According to Islamic Law for Preserving the Progeny of Baby

Milk bank has become a common phenomenon in the Western countries in the USA, UK, and other developed countries. The main purpose of the establishment 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 implementation 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 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.

Analysis on Methods of Determining Halal or Haram of Animals to Be Eaten According to Syeikh Abdul Malik Bin Abdullah in His Kitab al-Kifayah

Kitab al-Kifayah is a Malay manuscript written in the seventeenth century or early eighteenth century by Syeikh Abdul Malik bin Abdullah who is also known as Tok Pulau Manis. It contains important discussion on Islamic doctrines (aqidah) and Islamic jurisprudence (Fiqh). In one of the chapters, it emphasises haram and halal matters with regard to animal meats for consumption. The issue of halal or haram regarding an animal has been debated by Muslim jurists (Fuqaha’), and because the Qur’an and the Hadith do not have full explication regarding the rulings of consuming certain types of animals, it has allowed the scholars to explore the issue at hand and derive general principles from it. Based on this premise, this paper identifies the methods used by Syeikh Abdul Malik in determining halal or haram of consuming animal meats and the methods proposed in his book Kitab al-Kifayah. In order to meet these objectives, the documentation method is used by examining three copies of the Kitab. The results from this study reveal that the methods proposed by Syeikh Abdul Malik is compatible with those outlined by the legal scholars in the authoritative al-Shafi’i books. However he has not simply cited or translated the content of the scriptures, he was also able to develop his own method for the categories of birds’ meat. The categories include birds with talons, birds that hold food in their mouths, birds with ingrown nails, birds that breathe whilst drinking water and birds with marks on their necks.

Amalan Pengambilan Ibu Susuan : Satu Kajian Sorotan Terhadap Dokumentasi Bukti Penyusuan

Pola kehidupan masyarakat sentiasa berubah mengikut peredaran masa dan gelombang teknologi. Ia menuntut masyarakat membatasi kehidupan mereka melalui kaedah fiqhiyyah (Saddu al-Zara’i‘). Perkara yang sama juga terjadi kepada pelaksanaan konsep ibu susuan dalam masyarakat. Sejajar dengan pengaplikasian kaedah tersebut, perlu diadaptasikan satu mekanisma yang efektif sebagai bukti pengambilan ibu susuan sesuai dengan kehendak syarak. Syarak telah menetapkan kaedah pensabitan mahram susuannya yang tersendiri iaitu melalui penyaksian dan pengakuan. Objektif penulisan artikel ini ialah membincangkan isu yang berkait dengan mahram susuan seperti orang yang menyusukan, usia bayi yang disusukan, kadar susuan, kesan penyusuan, bentuk-bentuk penyusuan yang mensabitkan pengharaman dan mekanisma pensabitan mahram susuan. Bagi memenuhi objektif ini, metodologi yang digunakan ialah kajian kepustakaan. Dapatan kajian ini telah menunjukkan bahawa mendokumentasikan bukti penyusuan oleh badan-badan tertentu seperti Jabatan Pendaftaran Negara adalah satu langkah yang sangat penting dalam mengharmonikan lagi sistem keluarga Islam. Mekanisma pensabitan ini juga sejajar dengan tuntutan Maqasid al- Syariah iaitu “Hifzu al-Nasl” (pemeliharaan keturunan) antaranya untuk mengelakkan daripada berlaku perkahwinan antara mahram susuan. Kata kunci: Pensabitan, mahram, penyusuan, ibu susuan.