The medical procedure performed to detect, diagnose, or monitor diseases, disease processes, susceptibility, or to determine a course of treatment before marriage is what we call “Premarital Medical Tests”.
And this discussion in light of Islam will not be for singles intending to take first wife only; rather those who still wish to marry more than one wife, or a widow and widower, or a divorcee.
The common premarital questions some partners ask are in respect to the genotype(AA, AS, AC, SS), blood group and Rhesus factor. Meanwhile, there are more of medical tests to be considered. Especially infectious diseases like HIV, HBV, HCV, Syphilis, Gonorrhea; and non infectious diseases like diabetes, heart disease and others.
A person’s genotype refers to the types of genes he or she has for a particular inheritable trait. Genotypes determine which characteristics an individual will express, for example: whether they have freckles or not, if they are lactose intolerant, if they have hair on their knuckles or if their eyes will be blue, brown or another color.
The patients of sickle cell disease (SCD) undergo a lot of suffering and may require multiple hospital admissions and blood transfusions (including all other clinical engagements varying from one SCD patient to another).
You are able to find out the risks of you and her having a child with SCD by knowing your genotypes.
If you have a sickle-cell carrier (AS) in your family and also your to-be wife/husband. If you are also a carrier, you have a 25% chance of having a sickle-cell diseased child each time your wife gets pregnant, 50% chance that the child will be a carrier, and 25% chance that the child will be normal. This is a knowledge Allah bestowed upon some mankind, which must be respected.
You must also note that there was no discussion about premarital medical tests among our scholars and jurists of old. It is a contemporary juristic issue discussed by contemporary scholars, tracing their evidences to the Qur’an and ahaadith.
There is an unanimous consensus among the contemporary scholars on the legislation and permissibility of premarital medical tests. Only that they differ on its compulsion and obligation.
Majority of the scholars are of the opinion that premarital medical tests should be seen as an obligation. While Sheikh Ibn Baaz and Sheikh Yuusuf Al-Qaradaawi opine that, it should not be seen as an obligation; rely on Allah and anything that will be will be. They also did not deem it forbidden, only that they say it should be a matter of choice between the fiancé and fiancée. The two are our respected scholars, as we respect their sayings so much, realities and more convincing evidences make us reject their stands on this subject matter. Most especially when the tests are not something unaffordable.
BENEFITS OF THE PARTNERS HAVING A PRE-MARITAL MEDICAL EXAMINATIONS:
1: The prospective marriage partners will know beforehand about the possible genetic diseases that their children might inherit. This knowledge broadens their choices.
They may choose not to get married in the first place.
2: It becomes possible to give prospective marriage partners valuable medical advice on the basis of their past medical histories, the results of the clinical examinations, and the differences in their blood types.
3: Thalassemia is a disease that is prevalent in the Mediterranean region. Though it maybe rare having this in Nigeria, researchers say it is fewer than 100 thousand cases per year.
Preventative measures can be taken against the occurrence of this disease so that parents who are carriers can achieve a healthy newborn.
4: Premarital medical tests protect people from contracting from their prospective partners contagious diseases that they might have.
5: The marriage contract is a serious commitment that is supposed to be permanent and stable.
If it surfaces after marriage that one of the spouses has a disease, this could lead to a termination of the marriage if the other party refuses to stay with the person on account of the illness.
6: Premarital medical tests allow each party to the marriage to be certain whether his or her prospective partner is fertile and able to produce children.
It also allows each of them to know their prospective partner’s ability to have intimate relations.
7: Premarital medical examinations help to prevent the spread of contagious diseases and reduce the number of children born with debilitating genetic diseases that are costly to both the family and to society at large.
So, it is correct and more important to say it is an obligation for prospective partners to go for medical examinations before proceeding with marriage.
Some had made mistakes in the past, or out of lack of exposure, they have already given birth to Sickle cell children; many of them have now grown up and doing fine, we should also encourage those with AA genotype that want to consider the sickle cell patients has wives if they are interested in each other, as they have their rights to accept and reject.
SOME OTHER EVIDENCES SUPPORTING OUR STAND
1: Allah’s statement
“Do not throw yourselves into destruction by your own hands.” [al-Baqarah : 195]
Some diseases are sexually transmitted and since a medical examination can prevent the spread of such diseases to a prospective spouse, it becomes necessary.
2: “Then Zakariyyah prayed unto his Lord and said: My Lord! Bestow upon me of your bounty goodly offspring. You are the All Hearer of Prayer.” [Al Imran: 38]
Safeguarding the lineage(حفظ النسل) is one of the five primary objectives of Islamic Law. Taking steps to ensure that future generations are free from genetic defects is fully consonant with this objective.
3: The Prophet (solla Allahu alayhi wa sallam) said:
“Do not expose the healthy to the sick.” (Al Bukhari)
This hadith contains a command to avoid those who are beset with contagious or hereditable diseases.
4: The Prophet also said: “Flee from a leper as you would flee from a lion.” [al-Bukhari]
5: Compulsory medical examinations are not a violation of individual freedom.
They provide a benefit first to the individual and then to society at large. Though this policy might occasionally cause injury to an individual, the juristic principles outlined by Islamic Law instruct us to seek out the lesser of two evils and to allow for individual injury to occur in order to prevent harm from befalling the general public.
6: Such a policy is in conformity with the Islamic legal axiom that if it is possible to prevent something harmful from taking place, then this is preferable to waiting for it to happen and then having to remove it.
درء المفاسد مقدم على جلب المصالح
7: It is also in conformity with the legal principle that the means take the same ruling as the objectives they are employed to reach. Since the objective in this case is people’s physical and mental wellbeing, the means enacted to attain it should be considered lawful.
Premarital medical examinations promote the wellbeing of future offspring as well as the welfare of the family and society. They spare society social problems and economic burdens.
These are all goals that we are commanded by Islamic Law to try and realize.
Our teaching is that, we respect valid opinions in matters subjected to ijtihād, we should never prioritize ijtihādi arguments over our unity and good relationship. If there is anyone who does not consider premarital medical tests a neccesity and obligation, you have your prerogative to reject such person’s proposal without causing issue and move on.
May Allah grant us goodness.