MALAYSIA is among the many countries that have enacted national laws and policies mandating premarital HIV testing.
Johor, in southern peninsular Malaysia, was the first state to introduce premarital HIV screening for Muslim couples in 2001. By early 2009, Muslim couples across the country were required to submit to premarital HIV testing.
Non-Muslim couples are not compelled to go through the mandatory testing, but in 2018, the then-Pakatan Harapan government suggested expanding compulsory premarital HIV testing to non-Muslim couples.
The idea was quickly quashed, and the suggestion received strong objections from human rights groups, calling it an "ineffective long-term solution" to combat rising HIV cases.
In 2010, the Open Society Foundations, in a report on mandatory premarital HIV testing, stated that such testing not only undermines the fundamental principles of HIV testing, but also represents an infringement of human rights, notably the "right to marry" and start a family.
The premarital HIV screening aims to detect HIV early and assist patients to undergo treatment promptly. It also seeks to raise awareness about HIV prevention within the general population, reducing the risk of sexually transmitted diseases.
This policy is seen as a violation of rights, including privacy, non-discrimination, equal protection, and the right to marry and start a family, as outlined in international human rights agreements such as the International Covenant on Civil and Political Rights (ICCPR, which Malaysia has not signed) and Convention on the Elimination of All Forms of Discrimination against Women (CEDAW, which it has signed).
Critics argue that mandatory testing contradicts the right to privacy, requiring informed consent and confidentiality. UNAIDS guidelines caution against coercive measures in HIV prevention, fearing reduced participation and increased alienation.
Critics also claim that the policy may lead to denying couples' fundamental rights if one partner tests positive, violating their right to marry and start a family which is protected under Article 23 of the ICCPR.
Additionally, the International Covenant on Economic, Social and Cultural Rights emphasises protecting and assisting families, with marriage requiring free consent, echoed in CEDAW Article 16. Critics argue that the right to enter into marriage freely implies not preventing individuals from exercising this right.
The mandatory premarital HIV screening aligns with Islamic principles, specifically the Shariah principle of prioritising safeguarding essential values like religion, life, mind, property and descendants.
Emphasis is placed on the well-being of future generations, supported by the principles of maslahah (public interest) and sad al-dhara'I (blocking the way of evil). In Islam, emphasising public interests over individual ones justifies the screening to prevent harm to spouses and future generations.
Islam acknowledges the importance of marriage but underscores that if a marriage poses more harm than good, it should be avoided. Islamic rulings prioritise preventing harm, even in marriage, over securing benefit. The religion supports the mandatory premarital HIV test for early detection, immediate management and public awareness, emphasising prevention of sexually transmitted diseases to offspring.
Islam sees the mandatory premarital HIV test as invaluable for couples, enabling informed decisions about their future life. Partners share mutual rights and responsibilities for sexual health.
The test is crucial amid the unimproved preventive measures against HIV/AIDS, with rising infection rates, particularly among women, posing risks to children even before birth.
Islamic institutions and authorities play vital roles in preventing HIV spread, reinforcing the belief in collective responsibility.
It is the Muslim's belief that the state government, religious leaders and religious institutions have important roles to play in preventing the spread of HIV. With those justifications, the state's Islamic Religious Department and other Muslim countries enforce mandatory premarital HIV screening as part of this effort.
However, it is crucial for the guardians or parents of the couple to be adequately informed, as any breach of confidentiality may lead to discrimination against an individual testing positive for HIV.
Additionally, it is advisable to directly submit the test results to the Registrar of Marriage, especially in cases where the outcome is positive, as a way to prevent the falsification of results.
Certain measures can be taken to enhance the effectiveness of the screening program, such as establishing standard procedures for maintaining the privacy and confidentiality of HIV-related information, ensuring informed consent and upholding ethical standards.
As mandatory screening is done in a low-prevalence population, research would help demonstrate its cost-effectiveness, in keeping with the maslahah ‘ammah (public interest) principle.
Since healthcare funds are limited, alternative programs that are more effective and economical could be proposed, such as screening targeted high-risk populations, as well as providing more effective public health education.
Assoc Professor Dr. Rafeah Saidon is a lecturer at the Academy of Contemporary Islamic Studies (ACIS), University Teknologi MARA, Malaysia. Her areas of interest and specialisation are Islamic and civil law, family laws, Halal law and regulations, and Islamic studies.
360info
Fri Dec 01 2023
Procedures for protecting couples' privacy and confidentiality would improve the effectiveness of premarital HIV screening. - Azlan DuPree/Flickr/via 360info
ISIS Malaysia's perspective of Budget 2025
An excellent rakyat-centric budget under the overarching principle of a caring and humane economy.
Budget 2025: Record increase in STR, SARA aid initiatives
The government will provide a significant boost to the Sumbangan Tunai Rahmah (STR) and Sumbangan Asas Rahmah (SARA) initiatives next year.
Budget 2025: EPF contributions to be made mandatory for foreign workers – PM Anwar
The government plans to make it compulsory for all non-citizen workers to contribute to the Employees Provident Fund (EPF).
What policies to expect from Indonesia's new President Prabowo
Prabowo will be open to foreign investment, his aide has said, such as by offering investors management of airports and sea ports.
Budget 2025: Govt allocates RM470 mil to empower women's participation in PMKS
The Women's Leadership Apprenticeship Program will be intensified as an effort to produce more female corporate personalities.
Israel sends more troops into north Gaza, deepens raid
Residents of Jabalia in northern Gaza said Israeli tanks had reached the heart of the camp, using heavy air and ground fire.
Indonesia ramps up security ahead of Prabowo's inauguration
Prabowo Subianto will be sworn in as Indonesia's president on Sunday with Vice President-elect, Gibran Rakabuming Raka, also taking office.
Immediate allocation of RM150 mil for local authorities, DID to tackle flash floods
Datuk Seri Anwar Ibrahim said this allocation is intended to address the recent flash floods that hit the capital and several major towns.
Budget 2025: Sabah, Sarawak to continue receiving among highest allocations - PM
Sabah and Sarawak continues to be prioritised under Budget 2025, with allocations of RM6.7 billion and RM5.9 billion respectively.
NFOF will be operational in November 2024 with funding of RM1 bil
PM Anwar Ibrahim said NFOF will support venture capital fund managers to invest in startup companies with RM300 million set aside for 2025.
Minimum wage to increase to RM1,700 effective Feb 1, 2025
The Progressive Wage Policy would be fully enforced next year with an allocation of RM200 million, benefiting 50,000 workers.
Bursa Malaysia ends higher on Budget 2025 optimism
The benchmark index, which opened 1.85 points higher at 1,643.29, moved between 1,641.71 and 1,649.31 throughout the trading session.
Five important aspects relating to people’s lives in Budget 2025 - PM
The focus is on driving the MADANI Economy, speeding reforms, cutting red tape, raising wages, and tackling the cost of living.
Economic outlook: Govt plans to leverage, expand existing city transit system
The expansion aims to provide a more efficient and reliable public transportation network, reduce congestion, and improve accessibility.
Economic outlook: Budget 2025 to lay foundation for a digital-driven economy
The report said Budget 2025 will entail efforts to position Kuala Lumpur as a top 20 global startup hub by 2030 through the KL20 initiative.
Economic outlook: Corruption and lack of accountability hinder economic progress
Special Cabinet Committee on National governance is established to curb corruption, law reforms to modernise outdate regulations, MoF said.
National Wages Consultative Council will be strengthened
The govt will also incentivise hiring women returning from career breaks, offer job matching and improve care services facilities.
Economic outlook: Ensuring 11 years of compulsory education for all children
Budget 2025 will continue prioritising upskilling and retraining initiatives to equip workers with the latest skill sets necessary.
Consolidated public sector projected to record lower surplus of RM41.7 bil 2024
The MoF said the consolidated general government revenue is estimated to increase slightly to RM384.7 billion in 2024.
PM announces substantial Budget 2025 hastening Malaysia to become Asian economic powerhouse
Datuk Seri Anwar Ibrahim said it would create jobs and also tackle financial leakages to enhance public spending efficiency.