Can a husband prohibit his wife from nursing their child?
Chapter on Who is More Entitled to Child Custody
Al-Mughni
Book of Maintenance (Nafaqāt)
Primary text
There are two interpretations regarding a wife wishing to nurse her child. The primary view, supported by Al-Khiraqi's wording suggesting totality, and explicitly held by Al-Shafi'i, is that the husband can prohibit her. This is because nursing would interfere with his right to sexual enjoyment (istimta'). This is analogous to the child being from another man. Furthermore, the husband is obligated to satisfy the wife's rights, even if it involves fulfilling a right owed, such as the right of the child to be with its mother and the mother's right to be united with her child. This interpretation aligns with the apparent statements of Ibn Abi Musa and Al-Qadi Abu Ya'la.
Supporting text
The second view is that the husband cannot prohibit her. If the wife wishes to nurse her child for a wage equal to the customary rate, she has a greater right to do so than any other woman, whether she is still married to him or divorced. This is based on the divine saying: "And the mothers shall give suck to their offspring for two whole years if they desire to complete the period of suckling." (Quran 2:233). This is a report intended as a command, general to every mother, and cannot be restricted to divorced women, especially since their maintenance and clothing are stipulated, which cannot be rendered as wages for nursing.