Fosterage in Islam (raẓāʿah, riẓāʿah - رضاعہ)
Definition
In Islamic jurisprudence, fosterage (Arabic: raẓāʿah, riẓāʿah - رضاعہ) refers to the act of breastfeeding a child who is not biologically one’s own, providing both maternal and paternal bonding through milk relation. This relationship extends beyond mere nutrition, imposing significant social and legal ramifications, particularly in the realm of marriage prohibitions.
Etymology
The term raẓāʿah or riẓāʿah (رضاعہ) is derived from the Arabic root “ر ض ع” (r-d-ʿ), which pertains to the act of suckling or breastfeeding. The concept has been embedded in Islamic legal discourse for centuries, influencing both personal and familial boundaries.
Scholarly Interpretations
Islamic scholars have debated the appropriate length of the fosterage period:
- Abū Ḥanīfah: Founding figure of the Hanafi school of thought, states that the period of fosterage is thirty months.
- Yūsuf and Muḥammad: Two prominent disciples, with a consensus on a fosterage period of two years.
- Zufar: Another notable jurist who extends the period to three years.
Legal Implications and Prohibitions
Fosterage carries with it two primary legal prohibitions:
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Matrimonial Prohibition Through Nursing: A woman who nurses a child distinctively creates a milk kinship (referred to as mahram), making it impermissible for the child to marry the woman or her biological children.
Example: A woman who nurses a male child through fosterage cannot have this child marry her biological daughter, as they are deemed siblings by milk.
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Milk Sibling Prohibition: When a woman nurses two non-biologically related children (male and female) using her milk, these children become milk siblings (raẓīʿī siblings). Any matrimonial connection between them is forbidden.
Example: If a woman nurses an unrelated boy and girl, these children cannot marry each other in the future as they are considered siblings by the virtue of being nursed by the same milk.
The references to these legal stipulations and interpretations can be found in Hamilton’s Hidāyah, vol. i, page 187.
Further Reading
For those interested in a deeper examination of fosterage and its broader implications within Islamic law, these books are recommended:
- “The Hidayah: A Commentary on the Islamic Laws” by Charles Hamilton: This translation provides comprehensive coverage of Hanafi jurisprudence.
- “Islamic Jurisprudence” by Imran Ahsan Khan Nyazee: Offers insight into the various schools of Islamic law and their interpretations.
- “Family Law in Islamic Jurisprudence” by ‘Abd al-Rahman I. Doi: A detailed exploration of marital and familial rulings in Islam.
Takeaways
- Fosterage: A crucial aspect of Islamic social and familial structure, impacting marriage eligibility.
- Period of Fosterage: Divergent views ranging from two to three years depending on the scholarly interpretation.
- Milk Kinship: Establishes prohibitions on marriage akin to blood relations.
Conclusion
Fosterage in Islam, raẓāʿah or riẓāʿah (رضاعہ), intertwines child welfare and legal boundaries, emphasizing the sanctity of familial relations created through nursing. Comprehending its implications helps ensure adherence to Islamic teachings on marriage and family life.
