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The question

Is it permissible to submit incorrect medical certificates to complete a civil marriage contract when a medical certificate proving the absence of diseases in both spouses is required, given the difficulty in performing the necessary tests?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

Contemporary scholars of Islamic law differ on the issue of the state mandating premarital genetic testing, holding two main opinions: The first opinion permits such a mandate, based on the Quranic verse: "Obey Allah and obey the Messenger and those in authority among you." They argue that what is permissible becomes obligatory for the sake of public interest. The second opinion holds that compulsion is not permissible and that encouragement should suffice. They believe that the harm of testing might outweigh its benefits, that its efficacy is limited to a small number of diseases while genetic diseases are numerous, and that compelling people to undergo it could lead to hindering marriage.

The preponderant view is that the opinion of obligation is applicable in cases where a specific disease is widespread in a region or among a particular group, or when there are indications suggesting the potential infection of prospective spouses with such diseases. However, outside these two situations, there is no basis for mandating and generalizing the test; the matter is left to individual choice. If the ruler compels people to undergo this test, and it causes them hardship, there is no objection to obtaining a health certificate with this content, provided that the other party is aware of the true situation; otherwise, it would be considered deception.

Summarized from the full answer at Ftawy · imported

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Ftawy
Original fatwa ID
76272
Imported
Translation status
Source text, unreviewed
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