الفحص الطبي قبل الزواج : دراسة فقهية في ضوء مقاصد الشريعة الإسلامية

Abstract

This research is interested in one of the main issues of the day relating to human life; it is medical check-up before marriage. The research discusses different views of scholars on the legitimacy of pre-marriage medical check-up whether it is forbidden, permitted or a must and examines the opinions based on the purposes of Shari’a in maintains the self, generations and good posterity. Based on the holistic view of the Sharia and family interests, the legitimacy of obliging people to conduct this type of medical examination is important for the protection of the family and offspring, as well as the advantages and disadvantages that entail medical check-up in the light of jurisprudence. The research also considers whether it counters Allah’s commands or if it is the will of Allah as a treatment and prevention. As this issue is an important contemporary issue to build a healthy family free of any genetic disease that may cause problems for the family and the community, and because we can reduce such diseases due to scientific and technological developments, this issue should be researched. The researcher uses three methodologies: The inductive descriptive approach which looks at the matter from legal and medical aspects. The applied approach where a scientific questionnaire was used to identify peoples’ opinion on the subject of pre-marital medical check-up and the scientific method where the researcher studies the opinions and evidences given by past scholars and researchers. The first chapter of this study includes the legitimacy of treatment. In other chapters, the researcher highlights some of the provisions of a pre-marriage check-up. The last chapter discusses the possibility of applying such check-up and suggests a law on premarriage check-up that can be used in Palestine where the researcher conducted a field study that concerns the importance of a pre-marriage check-up and people’s awareness of such check-ups. It is concluded that it is important to have a check-up before getting married so as to protect the offspring from congenital malformation.