Marriage preventing diseases in Islamic law and the significance of pre- marital medical examination

This study examines the concept of health in Islamic law within the framework of marriage, the diseases that may prevent marriage, and the treatment of medical examinations from both religious and legal perspectives. In this research, the Qur'an, hadiths, fiqh literature, and contemporary sources are comparatively analyzed. It has been identified that while there are thesis studies such as "The Right of the Woman to Request Divorce Due to the Husband's Illness or Defect" (Master's Thesis, 2017), "Marriage Impediments in Islamic Law and Civil Law" (Master's Thesis, 2008), and "Kinship in Islamic Law and the Marriage Impediments It Creates" (Master's Thesis), the existing research does not evaluate diseases that are still present today. Moreover, marriage-impeding illnesses have generally been discussed from the perspective of only one gender, and there has been no comprehensive study focusing on contagious diseases or the role of medical examinations. By prioritizing the principles of maslahah (public interest) and preservation of lineage (hifz al-nasl), this study concludes that individuals with contagious diseases should undergo treatment before entering into a marriage contract, and that spouses with illnesses preventing sexual relations should be granted the right to divorce (ṭalāq).