The Phenomenon of Asian Banks in Indonesia from an Islamic Law Perspective and Its Implications for the Status of Mahram

Abstract

ASI provision is a fundamental right for infants, ensuring optimal nutrition and health protection. In response to increasing demand for donor milk, Human Milk Banks have emerged as an alternative solution, including in Muslim-majority countries such as Indonesia. This study aims to examine the existence of Human Milk Banks in Indonesia through the lens of Islamic jurisprudence and national legal frameworks, while also exploring the implications for kinship status (mahram) arising from milk-sharing. Employing a qualitative research method with a literature study approach, the analysis encompasses statutory regulations, Islamic legal fatwas, and scholarly interpretations relevant to the practice. The findings reveal that while Indonesia lacks specific legislation explicitly regulating Human Milk Banks, their operation is accommodated within broader health law frameworks and guided by technical directives from the Ministry of Health. From the perspective of Islamic law, the practice is permissible provided that it adheres to sharia principles, including the permissibility and cleanliness of donor milk, and proper documentation of donor and recipient identities to prevent ambiguity in mahram relationships. The study concludes that a harmonized framework integrating health regulations, Islamic legal norms, and social values is essential for the ethical and lawful management of Human Milk Banks in Indonesia. Furthermore, the formulation of comprehensive and sharia-compliant policies is urgently required to ensure the legitimacy and societal acceptance of such practices.