جستجوی مقالات مرتبط با کلیدواژه « breastfeeding » در نشریات گروه « فقه و حقوق »

PROTECTION OF " THE RIGHT TO BREAST FEED " IN ISLAM & INTERNATIONAL HUMAN RIGHTS SYSTEM, The results of Medical researchs shows that breastfeeding has positive effects on mental and physical health for mothers and newborns , So that the Breast-feeding prevents from many diseases in mothers and children. Therefore, policy makers of The field of hygienics and health are trying to Promote the breastfeeding of mothers and consider concessions for breastfeed mothers with legislations. Although in different legal systems including the system of Islamic law and the law of iran , good rules for protection from this issue have been put , However , whether in this legislation or in international instruments , There is no explicit reference to " the right to breast-feeding ". Although currently there is no doubt that it can be cited as an inalienable right of mankind. meanwhile , The " breast feeding " as a right for children, can also be considered as the right to mother.

According to the prevailing view in the Islamic jurisprudence since breastfeeding is not mother's duty, she is entitled to demand wage from her husband for breastfeeding her child. In this article, the authors intend to prove, through reviewing the evidences of this view and the alternative one, that there is a meaningful relationship between the following phrases: “if they breastfeed for you, pay their wage” and “ their maintenance and clothing must be borne by father” and that wage has no meaning other than meeting mother’s essential needs.
This study has been performed in an analytical-descriptive method and the information was collected in library research method.
After explaining the Quranology concepts and bases of the discussion, the Islamic jurisprudence texts will be analyzed and finally one of the raised views will be preferred over others.
The conclusion is that breastfeeding is mother’s duty. During the marriage, mother is not permitted to demand wage from her husband in return of breastfeeding, unless the husband has consented to breastfeeding. After separation, mother is still obliged to breastfeed her child, but child’s father is bound to satisfy mother’s needs (food and clothing) in exchange for this service.

One of the fundamental rights for women is the right to motherhood. Islam concurs the essential role of family in societies and on the account of the important role of mothers in the development and education of children, the rights and responsibilities of mothers holds a prominent position in Sharia Law. Principal Human Rights documents mention the right to motherhood and articulate the measurements regarding its protection. Under the influence of religious doctrine and international instruments, Iranian domestic law has incorporated protective maternity laws. This article seeks to study the provisions mentioned above in the context of Iran's social security obligations to provide medical care and monetary benefits for mothers.

Breast milk is the most important and most valuable food for children. Breast milk because of minerals, digestive enzymes and antibodies, an important factor for maintaining health and increase infant intelligence. These concessions and many other concessions that breast milk has Caused some people to think establishment of local for the collection of milk and the placing it for treating sick babies that this place is called Bank's of milk. There is a danger in this field, Ignorance about the women who are their milk are granted to banks because it is impossible to distinguish real mother and result in the incorporation of logarithms. According to Sunni scholars, including al-Shafii, Maliki, Hanbali and Hanafi because they say, even spilling into the mouth or nose of the child, causing to be forbidden, Since the quality of these banks in this way, so the milk is used to make prohibition. But with a doubt, in the number or person donor, Can put principle that is not forbidden and ordered on the validity of such banks Shia scholars, say the conditions infant not be together as a result, the milk these banks would not be any forbidden.

Using surrogacy as one of the new ways of supporting fertility in a way that the owner of the womb (surrogate mother) does not have any creational relationship (through ovum) with the child، merely raising the fetus of another couple and giving birth to it، has attracted the attention of many infertile couples in Iran. Whether the mother is one or the other of these two according to customs، law and jurisprudence has been a matter of discussion and argument among proponents of either idea. However this article has proved that in case of using surrogacy-in spite of surrogate mother’s physical relationship with the child in terms of pregnancy and child birth-، raising the child and his birth through surrogate mother can not justify a subjective legal consideration. Whether the unity of criterion in spreading hurma through breastfeeding is enough to extend the ruling of foster relationship to the object under question is a controversial topic. Although the ruling of absence of relationship is not acceptable morally and naturally، it is plausible through the methodology of principles of jurisprudence