You are right Karleen, 'FATWA' quite literally means 'answer to an question' and is only an scholarly opinion based on understanding of the Islamic sources pertaining to specific matters and not a religious binding and is therefore only an recommendation. To consider a fatwa as binding on all Muslims can be dangerous that threatens to stifle Islam's history of debate and dissent in this egalitarian system.
I came across this abstract also referenced in the previous shared ILCA article, (if someone has access do share this article please)
GHALY, M. (2012), MILK BANKS THROUGH THE LENS OF MUSLIM SCHOLARS: ONE TEXT IN TWO CONTEXTS. Bioethics, 26: 117–127. doi: 10.1111/j.1467-8519.2010.01844.x
ABSTRACT
When Muslims thought of establishing milk banks, religious reservations were raised. These reservations were based on the concept that women's milk creates ‘milk kinship’ believed to impede marriage in Islamic Law. This type of kinship is, however, a distinctive phenomenon of Arab tradition and relatively unknown in Western cultures. This article is a pioneer study which fathoms out the contemporary discussions of Muslim scholars on this issue. The main focus here is a religious guideline (fatwa) issued in 1983, referred to in this article as ‘one text’, by the Egyptian scholar Yūsuf al-Qaradāwī who saw no religious problem in establishing or using these banks. After a number of introductory remarks on the ‘Western’ phenomenon of milk banks and the ‘Islamic’ phenomenon of ‘milk kinship’, this article analyses the fatwa of al-Qaradāwī‘one text’ and investigates the ‘two contexts’ in which this fatwa was discussed, namely,
the context of the Muslim world and that of Muslim minorities living in the West. The first context led to rejecting the fatwa and refusing to introduce the milk banking system in the Muslim world. The second context led to accepting this system and thus allowing Muslims living in the West to donate and receive milk from these banks. Besides its relevance to specialists in the fields of Islamic studies, anthropology and medical ethics, this article will also be helpful to physicians and nurses who deal with patients of Islamic background.
Yasmin
MA, HDSE, CLEC, LLLL, IBCLC
Mumbai, India
________________________________
From: Karleen Gribble <[log in to unmask]>
To: [log in to unmask]
Sent: Wednesday, 16 May 2012, 5:57
Subject: Re: Islam and milk donation
I think that it's worth remembering that Islam is as diverse a religion as Christianity and whilst some may accept the Fatwa described in this paper, which is aimed predominantly in Western non-Muslim countries, others will not. As far as I am aware there no Muslim country has a traditional milk bank. IMO it's really important not to over-apply the Fatwa that states that pooled donor milk is acceptable to Muslims and assume that all Muslims will change their minds about accepting banked donor milk when presented with this Fatwa.
Karleen Gribble
Australia
On 16/05/2012, at 2:39 AM, the juliest person you know wrote:
> There is an article in the current Journal of Human Lactation on milk donation in Muslim countries.
>
> You can read it here if you are an ILCA member: http://jhl.sagepub.com/content/28/2/125.full.pdf+html
>
> To summarize, Muslim scholars have declared that pooled donor milk is okay because a) the mother does not directly suckle the other baby, b) because the milk is pooled, no one mother's milk makes up an entire feeding and c) when in doubt, consider the greater good.
>
> Julie Tardos
>
> P.S. I like the term "breastfeeding beyond infancy" that someone else brought up. It describes the situation without any possible judgement (real or perceived) attached.
>
> ~~~
> Ever notice how Peacekeepers carry the biggest guns?
>
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