Legal Guardian's Banning of Marriage Due to Illness of One or the Two Engaged Individuals

Abstract

Praise be to Allah alone, and peace and blessings be upon the Prophet after him, our Prophet Muhammad and upon his family and companions, This research summary: "Preventing the guardian of marriage suitors because of illness or one." Search enrolled introduction, four sections, and a conclusion, and then proved the sources and subjects. Began presented the importance of the marriage, and urged him Shara, and updates in this era of the types of diseases which have an impact on either the couple or their offspring after, which shows the importance of such research subjects. The first topic: the medical examination before marriage. In this section I knew the medical examination, and then showed its objectives, with addressing the pros and cons, and then concluded this section display doctrinal dispute to compel the guardian suitors this examination, and the building is permissible to say that the Council of Ministers issued a decision No. (4/5/54504) in 15 / 11/1424 AH, Balelzam him. The second topic: on temporary diseases and their impact on the marriage contract. And the introduction to the foundations upon which the choice of a husband or wife, and then display the types of diseases contemporary, especially the hidden ones is the phenomenon; such as contagious genetic, infectious diseases, and the risk of each and its effects, and then present a summary of the rule of marrying with the disease contagious; as a disease AIDS, whether infected by a suitors, or both, and controls regarded in it. The third topic: the authority of the guardian to restrict permissible. Shown in this section is intended poly matter of due obedience, and intended Balambah, then known as the "restriction is permissible" The evidence presented to the authority granted this religiously, and they restricted the legitimate interest, touching all the conditions required to be considered legitimate interest, concluding section controls considered to restrict the guardian of the permissible, a five controls. The fourth topic: the rule to prevent the guardian of the marriage contract due to the illness of the parties or one of them. Portrayed the matter, and offered to the dispute, its evidence, and discussions, and then mentioned some of the things that should be observed and mind when considering this issue. Then appended find a conclusion stating some insights and recommendations.