Master'sOpen Access

أثر الأمراض الوراثية على أحكام الزواج

2025
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Advisor: Prof. Dr. Muhittin Özdemir

Abstract (EN)

In this study, I addressed the issue of the impact of genetic diseases on the rulings of marriage from a contemporary jurisprudential perspective. These diseases are directly related to the fundamental objectives of Islamic law, particularly the preservation of lineage and the protection of the family. The research aims to explore the subject by establishing a comprehensive scholarly link between modern medical findings and established jurisprudential rulings, while also taking into account the human and social realities of Muslim families. The study is organized into three chapters with sub-sections. The first chapter discusses the basic concepts of genetic diseases, including their definition, types, and causes. The second chapter examines the effect of these diseases on the marriage contract, focusing on whether they are considered a legitimate defect that allows annulment of marriage. It also addresses the role of premarital medical examinations in preventing the spread of such diseases. The research further evaluates rulings related to reproduction when there is a possibility of transmitting genetic diseases to children. Issues such as temporary birth control, and the ruling on abortion—within the limits of Islamic law—in the case of a fetus being diagnosed with a genetic disease, are also discussed. The study concludes that premarital medical screening is a legitimate method from a Sharīʿah perspective, that in cases of necessity it is permissible for spouses to separate or be prevented from having children, and that abortion may be permissible in certain cases before the ensoulment stage. In addition, the study offers a number of scientific, religious, and social recommendations, such as raising awareness, improving legal regulations, strengthening medical practices, and enhancing family counseling. In essence, this research seeks to build a human-centered jurisprudential awareness that enables individuals and societies to make family decisions that are scientific, balanced, and conscious—decisions that protect human dignity and preserve the higher objectives of Islamic law.

Author

Dr. Hamza Malahıfçi

How to Cite

Hamza Malahıfçi (Master Thesis). أثر الأمراض الوراثية على أحكام الزواج, 2025, Bingöl University.

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