Pre-marriage blood screening [Archives:2005/886/Health]
BY DR.QAZI SHAIKH ABBAS BORHANY
AIDS and Hepatitis are such most dangerous health hazards which captured the attention world wide. The spread of AIDS and Hepatitis are quite alarming, and if not controlled may cause an epidemic. It transmits among the people, through sexual intercourse, transfusion of blood and blood related products, use of non sterilized syringes, blades, and from mother to child transmission through the placenta. It is regrettable that Muslims, champion claimant of modesty and chastity in their lives, are infected either through legitimate or the illegitimate means. The infection and spread of the decease in our region is quite disheartening, non official statistics at the health sector discovered a large number of Muslim patients, both males and females, who are carrying the most deadly HIV and Hepatitis virus in their blood, and most of the time married couples.
One possible way out of this problem is the pre-marital blood screening among all intending couple in order to safeguard the marriage institution. Since the disease cannot be seen on the face, so people with these cannot be identified by mere looking. If a female for example intending to get married and asked to under go blood screening, that does not mean she is a spoilt girl, or she is suspected of having premarital affair, but just to safeguard her husband and the rest of family and the marriage institution.
There are men that know very well that they are confirmed HIV/Hepatitis positive, but deliberately insist to marry and argue to spend private life with the help of condoms. This plan will definitely fail, because the woman will not agree to the use of condoms throughout their life, as she needs children, nor will the husband be able to restrain himself. Therefore, it will definitely make the woman at risk of contracting HIV/Hepatitis. Should the couple engage in pre-marital screening, the woman will definitively not agree to marry him? There are women, who lose their husbands, due to such diseases, after the completion of Iddat, if they wish to re-marry, only pre-marital screening can save their proposing husbands and the rest of their families. Similarly this is applied upon the man too.
Pre-marital screening is viewed as lacking religious and moral grounds and likely to incite public uproar. Nonetheless, the issue of pre-marital screening should not be taken for granted because we strongly believe that the very essence of marriage as a religious obligation is to regenerate and bring happiness to the family not to exterminate the family and cause trauma. As Hadith guides: “Establish Nikah-ties( marriage ties) & re-generate so that I will be overjoyed upon you in the hereafter”.
For compulsory blood screening, as a pre-requisite for the marriage contract, government should take serious action by the help of Senate & National Assembly to frame the law in this regard. Why should we shy for it? For example, we have several members of the society who are ready to screen a house girl or an employee, but when it comes to marriage, it faces a lot of resistance. Yes, those who are intrinsically guilty of the crime, will definitely shy out, instead of being bold and taking up the test. We do not think that pre-marital screening should give the Muslims any worry, if our doctors, the learned and the educated class find out the necessary legal stand under the guidance of the Sharia realizing the fact. We strongly believe that pre-marital screening is:
– In the best interest of both parties.
– In the best interest of the off-spring and family.
– In the best interest of the community.
– In the best interest of the marriage institution.
– In the best interest of the future generations and for the sake of restoring the dignity and moral-fiber of the Nation.
Koran has two most important objectives of the marital relationship which are the preservation of chastity and the bond of love and compassion between the spouses. These objectives get lost if either one of the spouses is afflicted with a disease or handicap, which disgust the other or renders him or her incapable of satisfying the natural urge of the other. Another principle of Jurisprudence is that, the marriage tie should not be a source of causing harm to the spouses or a cause of forcing them to transgress Allah's limits. If there is no option for dissolution on the ground of the above noted afflictions, this principle is certain to be violated. It is a commonly accepted Muslim norm in our society to make enquiries about the habits and behavior of your spouse before marriage, and marital plans can be canceled because one of the spouse has a history of mental illness in the family, what do you think will happen if they discover one of them is HIV carrier?
From the Muslim point of view, the existence of communicable diseases and the need to take adequate preventive care from contacting them are well documented. A Hadith says: “Keep away from the leper (infectious) as you do from a lion”. Between leprosy and HIV/Hepatitis which one is wreaking more havoc in the society today? A Hadith said: “if you hear that there is an epidemic, do not enter it, if the deadly disease breaks out where you are, do not leave it to escape the pestilence”. These Traditions more emphasized the significance of quarantine as a way to prevent the spread of communicable and epidemic diseases, like communicable and an epidemic disease.
Furthermore, Islam is protective of the reproductive health of human being and it is a clearly preventive tragedy. Koran says: “Women impure are for men impure and men impure are for women impure. And women of purity are for men of purity. And men of purity are for women of purity. These are not affected by what people say. For them, there is forgiveness and a provision honorable”, (Surat al Noor, Ayat 26). Ibrahim Tudu, a Muslim scholar suggested in a conference, in Nigeria, that a Muslim government is bound to provide its citizens all necessary protective health measures to keep them save from viral diseases. It is hoped that, pre-marital screening whether voluntary or mandatory, emphasizing on caution regarding future sexual relationship particularly of interest here, the Halal or legitimate ones. All forward looking have taken the issue of pre-marital screening seriously and advocated compliance. In Malaysia, as per law, couples proposing for marriage should get an HIV negative certificate from a Government Recognized Institution. Since one great advantage of pre-marital screening done is the potential of helping the concern individuals to live fruitfully. (Conference: Premarital Blood Screening Against HIV/Aids among Muslims, Global Network for Islamic Justice, Gusau, Nigeria).
The Writer is Attorney At Law & Religious Scholar
Email Address:
Pre-marriage blood screening
BY:DR.QAZI SHAIKH ABBAS BORHANY
AIDS and Hepatitis are such most dangerous health hazards which captured the attention world wide. The spread of AIDS and Hepatitis are quite alarming, and if not controlled may cause an epidemic. It transmits among the people, through sexual intercourse, transfusion of blood and blood related products, use of non sterilized syringes, blades, and from mother to child transmission through the placenta. It is regrettable that Muslims, champion claimant of modesty and chastity in their lives, are infected either through legitimate or the illegitimate means. The infection and spread of the decease in our region is quite disheartening, non official statistics at the health sector discovered a large number of Muslim patients, both males and females, who are carrying the most deadly HIV and Hepatitis virus in their blood, and most of the time married couples.
One possible way out of this problem is the pre-marital blood screening among all intending couple in order to safeguard the marriage institution. Since the disease cannot be seen on the face, so people with these cannot be identified by mere looking. If a female for example intending to get married and asked to under go blood screening, that does not mean she is a spoilt girl, or she is suspected of having premarital affair, but just to safeguard her husband and the rest of family and the marriage institution.
There are men that know very well that they are confirmed HIV/Hepatitis positive, but deliberately insist to marry and argue to spend private life with the help of condoms. This plan will definitely fail, because the woman will not agree to the use of condoms throughout their life, as she needs children, nor will the husband be able to restrain himself. Therefore, it will definitely make the woman at risk of contracting HIV/Hepatitis. Should the couple engage in pre-marital screening, the woman will definitively not agree to marry him? There are women, who lose their husbands, due to such diseases, after the completion of Iddat, if they wish to re-marry, only pre-marital screening can save their proposing husbands and the rest of their families. Similarly this is applied upon the man too.
Pre-marital screening is viewed as lacking religious and moral grounds and likely to incite public uproar. Nonetheless, the issue of pre-marital screening should not be taken for granted because we strongly believe that the very essence of marriage as a religious obligation is to regenerate and bring happiness to the family not to exterminate the family and cause trauma. As Hadith guides: “Establish Nikah-ties( marriage ties) & re-generate so that I will be overjoyed upon you in the hereafter”.
For compulsory blood screening, as a pre-requisite for the marriage contract, government should take serious action by the help of Senate & National Assembly to frame the law in this regard. Why should we shy for it? For example, we have several members of the society who are ready to screen a house girl or an employee, but when it comes to marriage, it faces a lot of resistance. Yes, those who are intrinsically guilty of the crime, will definitely shy out, instead of being bold and taking up the test. We do not think that pre-marital screening should give the Muslims any worry, if our doctors, the learned and the educated class find out the necessary legal stand under the guidance of the Sharia realizing the fact. We strongly believe that pre-marital screening is:
– In the best interest of both parties.
– In the best interest of the off-spring and family.
– In the best interest of the community.
– In the best interest of the marriage institution.
– In the best interest of the future generations and for the sake of restoring the dignity and moral-fiber of the Nation.
Koran has two most important objectives of the marital relationship which are the preservation of chastity and the bond of love and compassion between the spouses. These objectives get lost if either one of the spouses is afflicted with a disease or handicap, which disgust the other or renders him or her incapable of satisfying the natural urge of the other. Another principle of Jurisprudence is that, the marriage tie should not be a source of causing harm to the spouses or a cause of forcing them to transgress Allah's limits. If there is no option for dissolution on the ground of the above noted afflictions, this principle is certain to be violated. It is a commonly accepted Muslim norm in our society to make enquiries about the habits and behavior of your spouse before marriage, and marital plans can be canceled because one of the spouse has a history of mental illness in the family, what do you think will happen if they discover one of them is HIV carrier?
From the Muslim point of view, the existence of communicable diseases and the need to take adequate preventive care from contacting them are well documented. A Hadith says: “Keep away from the leper (infectious) as you do from a lion”. Between leprosy and HIV/Hepatitis which one is wreaking more havoc in the society today? A Hadith said: “if you hear that there is an epidemic, do not enter it, if the deadly disease breaks out where you are, do not leave it to escape the pestilence”. These Traditions more emphasized the significance of quarantine as a way to prevent the spread of communicable and epidemic diseases, like communicable and an epidemic disease.
Furthermore, Islam is protective of the reproductive health of human being and it is a clearly preventive tragedy. Koran says: “Women impure are for men impure and men impure are for women impure. And women of purity are for men of purity. And men of purity are for women of purity. These are not affected by what people say. For them, there is forgiveness and a provision honorable”, (Surat al Noor, Ayat 26). Ibrahim Tudu, a Muslim scholar suggested in a conference, in Nigeria, that a Muslim government is bound to provide its citizens all necessary protective health measures to keep them save from viral diseases. It is hoped that, pre-marital screening whether voluntary or mandatory, emphasizing on caution regarding future sexual relationship particularly of interest here, the Halal or legitimate ones. All forward looking have taken the issue of pre-marital screening seriously and advocated compliance. In Malaysia, as per law, couples proposing for marriage should get an HIV negative certificate from a Government Recognized Institution. Since one great advantage of pre-marital screening done is the potential of helping the concern individuals to live fruitfully. (Conference: Premarital Blood Screening Against HIV/Aids among Muslims, Global Network for Islamic Justice, Gusau, Nigeria).
The Writer is Attorney At Law & Religious Scholar
Email Address:
[email protected]
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[archive-e:886-v:14-y:2005-d:2005-10-17-p:health]
