from the perspective of islamic jurisprudence، breastfeeding is not merely a natural act or an ethical preference of the mother; rather، it constitutes one of the fundamental rights of the child and a core pillar of the family law system. verse 233 of surah al-baqarah، by simultaneously delineating the mother’s duty of breastfeeding، the father’s financial responsibility، and the necessity of safeguarding the child’s best interests، presents a coherent framework of parental rights and obligations. nevertheless، article 1176 of the iranian civil code، which explicitly states that a mother may not be compelled to breastfeed her child، appears at first glance to be in tension with the apparent meaning of this qur’anic verse. this perceived tension has given rise to serious questions regarding the conformity of this statutory provision with the foundations of imami jurisprudence.
the present study examines the linguistic، exegetical، and juristic implications of verse 233 and analyzes the views of both imami and sunni jurists. employing a descriptive -analytical method and relying on a library-based study of authoritative qur’anic، hadith، juristic، and legal sources، the research demonstrates that although the expression “wal-wālidātu yurḍiʿna awlādahunna” is formulated as a declarative sentence، it functions as an injunctive statement and thus indicates an emphatic obligation to breastfeed. however، this prescriptive obligation does not entail the legal permissibility of coercing the mother to perform breastfeeding. accordingly، compelling a mother to breastfeed is impermissible as a primary ruling، and article 1176 of the civil code is، at this level، compatible with imami jurisprudence.
nevertheless، the absolute application of this rule cannot be sustained. in circumstances where the mother’s refusal to breastfeed results in serious harm to the child and no suitable alternative is available، recourse may be had—on the basis of the rule of lā ḍarar (no harm) and the prohibition of causing harm to the child—to compelling the mother to breastfeed in return for remuneration. thus، the alleged conflict between the qur’anic verse and statutory law is not a genuine one and can be resolved by distinguishing between the prescriptive obligation and its legal enforceability.