Document Type : Original
Authors
1
Assistant Professor, Department of Shafi'i Jurisprudence, Faculty of Humanities and Social Sciences, University of Kurdistan, Sanandaj, Iran.
2
Associate Professor, Department of Shafi'i Jurisprudence, Faculty of Humanities and Social Sciences, University of Kurdistan, Sanandaj, Iran.
10.22034/fcp.2024.140304.2207
Abstract
Background: The cohesion and stability of the family are the basis of having a healthy society and efficient parenting of the next generation. In religious teachings, in addition to encouraging marriage and having children, there are many propositions regarding the choice of a spouse and the preparations for marriage, the purpose of which is to strengthen the marital bond. Pre-marriage screenings are done to inform and ensure the health of couples from genetic and sexual disorders. Due to the novelty of this type of screening, it is not mentioned in religious sources, for this reason, there is a difference of opinion among contemporary jurists regarding the necessity and obligation of performing them.
Objective: The present research was conducted with the aim of the feasibility of the jurisprudential obligation of couples to perform premarital screening.
Method: This research was done with the descriptive-analytical method and based on library data.
Findings: By summarizing the jurisprudential opinions, the presented views can be placed in two general categories. Some jurists are in favor of making this category of tests compulsory with reasons such as the necessity of self-preservation, prevention of disease, raising a healthy generation, etc., and on the other hand, the other group, citing reasons such as the indeterminacy and limitedness of the test results, violate People's privacy, opposition to God's destiny and the requirement of illegal conditions, etc. are against the necessity of this type of tests, or they are generally against the conduct of this type of tests.
Conclusion: By analyzing the jurisprudential opinions, it is clear that the requirement to perform premarital screening is acceptable as one of the factors of family stability and social health, which leads to the realization of more of the purposes of Shariat than family formation; With this definition, marriage without testing does not mean the invalidity of the marriage relationship from a jurisprudential point of view.
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