due to a genetic defect. She has decided to undergo some genetic
testing to find out the nature of the problem and the likelihood of it
being passed on to her children, and whether it makes her susceptible
to diseases that require screening for early diagnosis. What is the
ruling on that? If the defect is found, what is the ruling on her
getting married and having children? Please note that the possibility
of it being passed on is not certain, but if Allah decrees that the
problem be passed on, it could cause severe deformity in the child
that could lead to mental or physical disability. So does not marrying
or having children come under the heading of taking appropriate
measures as prescribed in Islamic teaching? Should she inform any
suitor of this deformity? What is the ruling on telling him about the
possibility of the problem being passed on to her children?
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Praise be to Allah
Firstly:
There is nothing wrong with undergoing genetic testing to find out
what the problem is and the likelihood of it being passed on to
children or causing other problems, because that serves an interest
and wards off harm. Taking measures to treat such problems is
something that is prescribed in Islamic teaching.
For more information on the permissibility of undergoing testing
before marriage, Secondly:
Assuming that a genetic defect is found, it is permissible for this
woman to get married, even if there is the possibility of the problem
being passed on to her children, on condition that she inform any
suitor of her problem.
With regard to her getting married, that is in accordance with the
basic principle that marriage is permissible and is encouraged, so as
to attain chastity, comfort and love.
As for having children, that is one of the most important objectives
of marriage, and it is not ruled out by the possibility of the child
being afflicted, for this is something that only Allah knows; the
child might be born sound and healthy.
But if it is thought most likely that the child will be born with a
deformity, and this is an overwhelming possibility, then the couple
may agree not to have children, and they may abort the foetus if it is
proven to be deformed, on condition that that be done before the soul
is breathed into the fetus, i.e., before the pregnancy reaches one
hundred and twenty days.
Shaykh Ibn Baaz (may Allah have mercy on him) was asked: I am a Muslim
woman, praise be to Allah; I do the obligatory duties that my Lord has
enjoined upon me, such as prayer, fasting and zakaah, but I took
contraceptive measures during the period when my husband was sick with
tuberculosis. This period lasted for approximately ten years, after
which my menses ceased completely. Is what I did something that could
incur divine wrath? Because my children were afflicted with
hemiplegia; some of them died and some of them are still alive, but
are afflicted with this disease. Please advise me, may Allah reward
you.
He replied:
If you took contraceptive measures with your husband's consent, then
there is no blame on you. If it was with his consent or agreement,
then we hope that there will be no blame on you. But if you did that
without his consent or without his knowledge, then you must repent,
seek Allah's forgiveness and regret what you did. And praise be to
Allah.
End quote fromFataawa Noor 'ala ad-Darb(21/421).
It is essential to inform any suitor of this defect, because the
scholarly view that is more likely to be correct is that anything that
may affect married life or the ability to have children, or that may
put one of the spouses off the other, is a defect that must be
disclosed.
If the suitor is aware of the defect, and agrees to go ahead with the
marriage, then there is nothing wrong with that, no matter what the
problem or disease is.
We ask Allah to heal our sister, grant her well-being and bless her
with a righteous husband and righteous offspring.
And Allah knows best.
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