Explanation of the theory of “the obligation of breastfeeding by mother and the necessity of paying its related costs by father” from the perspective of Islamic jurisprudence
Journal Title: فقه و اصول - Year 2016, Vol 48, Issue 106
Abstract
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.
Authors and Affiliations
Saeid Nazari Tavakkoli, Fatemeh Karachian Sani
Keywords
Related Articles
- EP ID EP190847
- DOI 10.22067/fiqh.v0i0.39433
- Views 108
- Downloads 0
The General Rules Governing the Contracts for the Utilization of Literary and Artistic Rights in Iran through Comparative Study in French and Egyptian Law
Law Department, Ferdowsi University of Mashhad The importance of the exploitation contracts protecting the literary and artistic rights has, in some legal systems like France, resulted in the devising of general and comm...
The maximum of dowry in Imamia jurisprudence
The increasing and unlimited cases of burdensome dowries beyond the husband's solvency, leading finally to the enforcement of dowry and divorce, had led some commentators to fix a certain maximum for dowry. The authors,...
Examination of the Concept of Ta‘līl (Causal Inference)
What is meant by ta‘līl is that if in a reason the cause of the judgment has been mentioned, the denial of the judgment can been concluded from the lack of that judgment; in such a way that from the denial of restriction...
A study into annulment (iqālah) from the perspective of Shiite jurisprudence and law
Annulment is one of the institutions of contract cancellation in Shiite jurisprudence and law. One of the primary questions about every phenomenon is the question of the nature and character. Although traditionally Shiit...
A Legal Deliberation on Article 63 of Islamic Penal Law and the Clause 1 to Article 1-221 of the Suggested Bill
Article 63 of Islamic penal law defines adultery as: “copulation of a man with a woman who is essentially unlawful (ḥarām) to him, although in dubur (back), in cases other than misapprehended consummation.” Clause 1 of a...