International Human Rights Laws vs. Islamic Religious Values in Mandatory Pre-Marital HIV Screening Programme: Analysing Significant Misconceptions

Abstract

The mandatory pre-marital HIV screening programme has been implemented in some Muslim countries. However, the application of such policy has raised several controversial issues surrounding the clash of human right laws and Islamic religious values. It is always argued that Islamic religious values contradict with the international human right laws in some aspect of the mandatory pre-marital HIV screening programme. Therefore, this study aims to clarify some misconceptions relating to such issue. The writing will first examine, the mandatory pre-marital HIV screening programme from both human right laws and Islamic perspective and then elucidate the misconceptions arose. This is a qualitative study using descriptive and explanatory approaches. It employs content analysis to review systematically the facts derived from various literature and documents. Apart from that, evidences from the Quran, Sunnah of the Prophet and an established Shariah principle, namely the qawaid fiqhiyyah will be appraised. Findings of this research shows significant misconceptions relating to the mandatory pre-marital HIV screening programme from international human rights laws and Islamic point of view. This study also clarifies the correct understanding of the implementation of mandatory pre-marital HIV screening programme for muslims.