INCORPORATING HIV AND GENOTYPE TESTS AS A REQUIREMENT FOR MARRIAGE UNDER ISLAMIC LAW: A CASE FOR PUBLIC POLICY (MASALIH AL-MURSALAID)

Marriage under Islamic law is one of the fundamental things though not obligatory but yet attached with many conditions both from the Holy Quran and the Sunnah of the Holy Prophet (PBUH). However, the exigencies of modern world have necessitated the Muslim community to think whether or not HIV and genotype test should be included as part of the requirements for valid marriage under Islamic law. This becomes so as a result of high death rate of innocent couples as a result of the infection of the virus. Furthermore, the reproduction of sickle cell anemia offspring after marriage which is attributed to lack of genotype test to determine the matchable group of couples also contributed a lot to this negative development which is leading to severe suffering of the offspring. The objective of this article is to determine whether within the context of public policy in Islamic law (Masalih Al-Mursalah) these two tests could be part of the - requirements for marriage. Doctrinal method is used and the article recommends that the two tests should be part of the requirements under Islamic law.