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Last Update: 05:26 GMT, Tuesday, Feb. 09, 2010

Living Shari`ah > Fatwa Bank

 

Question and Answer Details

Title

HIV Test Before Marriage: Necessary?

Question

Dear scholars, As-Salaam `Alaykum. I need an advice from you. As you know, AIDS is affecting millions of people worldwide. Within 30 years, Insha' Allah, there will be an estimated 75 million people infected with HIV. As a result of this widespread Fitnah, is it obligatory for a Muslim(mah) to require his/her marital candidate to get an AIDS test before marrying them? If they refuse, what should one do?

In Western countries, it appears that we have a very high divorce rate. By the age of 30, 35, or 40, it is not uncommon for a Muslim(ah) to have been married and divorced 3, 4, or 5 times. Many of the Muslims in the West are reverts: that is, they were not born Muslims, but later embraced the Deen after many years of living a wanton life. So they may have slept with 6 to 20 people in his pre-Islamic life. And those people may have slept with 4 to 15 people. And those people may have slept with 5 to 15 people. Allah knows best. Be mindful, too, that some of their former "lovers" may have been in-the-closet homosexuals and the like. Jazakum Allah khayran.

Date

29/Sep/2002

Topic

Marriage

Answer

Wa`alykum As-Salaamu Warahmatullahi Wabarakaatuh.

In the Name of Allah, Most Gracious, Most Merciful.

All praise and thanks are due to Allah, and peace and blessings be upon His Messenger.

Dear questioner, we would like to thank you for the great confidence you place in us, and we implore Allah Almighty to help us serve His cause and render our work for His Sake.

It is to be stressed first that although Islam commands its followers to have good faith and trust towards the believers, they are to take all possible measures to protect themselves against prospective harm. This is based on the basic Islamic ruling ’la darar wala dirar’ or ‘Let there be no harm or reciprocating harm.’ Therefore, undergoing medical tests as a protection is highly encouraged and advocated particularly if there are reasonable justifications.

In his response to the question you posed, Sheikh Ahmad Kutty, a senior lecturer and an Islamic scholar at the Islamic Institute of Toronto, Ontario, Canada, states:

"There is no doubt in Islam that marriage candidates are allowed to probe and ascertain the integrity and compatibility of their would-be life partners before deciding to marry them. This is generally understood from the sources and traditions and the Salaf As-Salih (righteous predecessors).

However, as Muslims we are not supposed to harbor unnecessary suspicion without justification because we are required Islamically to have good faith and trust towards the believers.

Having said this, if, as you have stated, there are legitimate grounds for suspicion with regard to the past lives of a certain candidate, you are certainly allowed to ask questions and get satisfaction.

Concerning AIDs as well as similar highly contagious diseases, I can say that you have every right to insist on a medical test. It is for your own protection and the protection of the offspring. One of the higher principles of Shari’ah is ’la darar wala dirar’ or ‘Let there be no harm or reciprocating harm.’

Your insisting on undergoing medical test in such cases clearly falls under this category. Moreover, Islamic Shari’ah takes into account circumstances of our life and encourages us to take all possible precautions in order to avoid harm and injury.

In conclusion, medical tests in such cases in a milieu or environment like ours as you have stated should be highly encouraged and advocated."

You can also read:

Islamic Workable Measures to Overcome AIDS

Allah Almighty knows best.

 

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