Critical Analysis of Legal Discourse on Mandatory Pre-Marital Medical Examination

Abstract

This article analyses that Premarital Medical Examination (PMC) diagnose and treat unrecognized disorders which will provide help to reduce the transmission of hereditary and contagious diseases to married couples and children. Hence, there is a need for comparative analysis of statutory laws with contemporary Muslim and Non-Muslim jurisdictions which may open the doorway for making regulatory Frameworks and reforms in Pakistani laws. Consanguine marriage is customary practice in Pakistan and Middle Eastern Muslim countries. In consanguine marriages, premarital medical examination leads to safe and healthy marriage life otherwise it will be effective on every perspective of spouse life after marriage. The analysis of Premarital Medical Examination in Pakistan and its permissibility in Shari’ah is necessary which will focus on statutory regulation and the governmental policies which can be brought in legal implementations of PMC. This article is an effort for evaluating the material data recorded by developed Muslim countries, various statutes, state laws, and their court practices the which concludes that changes can be brought in the family laws by way of selecting different opinions of scholars, preaching by the religious scholars and implementation of statutory laws.  Protection of Families, the life of children can only be saved from various fatal STDs by amending Medical Laws and Family statutory laws to practice the Premarital Medical Examination.