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FatwaSelangorMarriage & Family

#75 Taudhih Al-Hukmi : Hukum Isteri Meminta Upah Menyusukan Anak

May a wife ask her husband for payment for breastfeeding their own child?

Short answer

According to the Hanafi, Shafi’i and Hanbali schools, a wife has no right to claim payment for breastfeeding while she is still married or in her iddah period, because she already receives obligatory maintenance from her husband.

SelangorOpinion (irsyad)

A reference, not a fatwa. First sentence of the summary below — read the original fatwa and consult your state authority before acting.

Authority
Selangor State Mufti Department
Date
Status
Opinion (irsyad)
Series
Taudhih Al-Hukmi (artikel penjelasan, bukan pendirian rasmi Mufti Selangor)
Topic
Marriage & Family

No evidence of gazettement in the source — this is not a gazetted fatwa.

Summary

According to the Hanafi, Shafi’i and Hanbali schools, a wife has no right to claim payment for breastfeeding while she is still married or in her iddah period, because she already receives obligatory maintenance from her husband. The Maliki school agrees where breastfeeding is obligatory upon the mother, but holds that she may claim payment where it is not obligatory for her, such as women of noble status who customarily do not nurse their children. The text also states that she is entitled to payment by agreement after the marriage and iddah have ended.

Written in our own words from the original fatwa — check the source before acting on it.

Isteri tidak berhak mendapat upah penyusuan menurut mazhab Hanafi, Shafi'i dan Hanbali jika masih dalam perkahwinan atau dalam tempoh iddah selepas perceraian.

Excerpt from the original fatwa · Selangor

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How to cite

Cite the original fatwa and its authority. Rujuk Fatwa is only where you found it.

Selangor State Mufti Department. “#75 Taudhih Al-Hukmi : Hukum Isteri Meminta Upah Menyusukan Anak”, 30 October 2024. https://www.muftiselangor.gov.my/2024/10/30/75-taudhih-al-hukmi-hukum-isteri-meminta-upah-menyusukan-anak/. Found via Rujuk Fatwa: https://rujukfatwa.com/en/fatwa/wife-payment-for-breastfeeding-ruling/

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Evidence cited

Quran verses

  • Al-Baqarah 2:233
  • At-Talaq 65:6

Books

  • Tafsir al-Tabari (Jami' al-Bayan)

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