Milk kinship in Islamic law–problems and proposed solutions

This thesis examines one of the key institutions of Islamic law -milk kinship- from conceptual, social and legal perspectives and provides a comprehensive analysis of its jurisprudential, social, and ethical implications. The study delves into the primary legal consequences of milk kinship, such as marriage prohibition and its associated rules of privacy. In this context, classical views, especially those of the Hanafi, Shafi'i, Maliki and Hanbali schools are evaluated comparatively. This comparison not only highlights the differing approaches among the schools but also reveals their theoretical and practical implications, including their functionality in addressing related issues. The thesis also investigates issues and challenges that have arisen due to developments in modern medicine and societal changes within the context of milk kinship. Topics such as milk production outside of pregnancy, the unintentional formation of milk kinship and cases involving individuals from different faiths are analyzed through both classical jurisprudential sources and modern legal and social contexts. The analysis includes solution-oriented approaches offered by the schools of thought, while also identifying areas where certain views may exacerbate existing problems. In this regard, the discussion of both theoretical solutions and their practical applicability adds a distinct depth to the study. The primary aim of this thesis is to develop solutions to both classical and contemporary problems related to milk. A methodology grounded in the Islamic legal principle of maslaha (public interest) has been adopted, aiming to preserve family and societal integrity. Additionally, by building a bridge between classical and modern approaches, the study seeks to enhance a better understanding of the role and impact of this institution in contemporary Islamic societies. This research considers the effects of social and technological developments on Islamic law and aims to offer practical and applicable solutions by integrating classical jurisprudential knowledge with current realities. It also emphasizes that the concept of milk kinship is not only a legal matter but also one with significant social and ethical dimensions.