Fatwa's Insights - Kinship

THE 65TH MEETING OF THE PERLIS STATE FATWA COMMITTEE / 2023

16 - 17 OKTOBER 2023 / 1 - 2 RABIUL AKHIR 1445H

FATWA ON MARRIAGE OF AUTISM COUPLES

Autism is a form of mental disorder that begins to emerge during childhood which causes a person to behave abnormally and have difficulty communicating with society.

From a medical science perspective, autism sufferers have different levels as follows:

Level one: requiring support

Level two: requiring substantial support

Level three: requiring very substantial support

Autism sufferers also have sexual drives and desire to marry like other normal individuals.

Marriage of a person with an autism sufferer is permissible on condition that the individual consents and knows the actual condition of the autism level of the prospective husband or wife as well as the consequences of such marriage. If a person is not informed of the true facts of a partner suffering from autism, then he or she may divorce or make an application for fasakh. He or she may also leave the partner or his/her home if feeling threatened.

An autism sufferer may be married on condition that the sufferer understands what marriage is and consents, or the wali consents even though the sufferer concerned does not understand. This is on condition that such marriage will not cause harm or suffering to the sufferer.

Confirmation that the marriage does not bring harm to the sufferer must be obtained from qualified experts in the relevant field of autism.

If harm arises subsequently after the marriage takes place, the matter of marital separation shall be determined by the court.

Religious authorities must ensure that the conditions mentioned in this fatwa are complied with.

Attendance of Members of the Perlis State Fatwa Committee:

1. YBhg. S.S Professor Dato' Arif Perkasa Dr Mohd Asri Bin Zainul Abidin – Mufti of Perlis;

2. Sahibul Fadhilah Ustaz Tajul Urus bin Abdul Halim – Deputy Mufti of Perlis;

3. Sahibul Fadhilah Dato' Dr. Johari bin Mat;

4. Sahibul Fadhilah Professor Dr. Muhamad Rozaimi bin Ramle;

5. Sahibul Fadhilah Professor Dr. Basri bin Ibrahim;

6. Sahibul Fadhilah Dr. Hj Zaharuddin Bin Hj Abdul Rahman;

7. Sahibul Fadhilah Professor Dr. Azman Bin Mohd Noor;

8. Sahibul Fadhilah Associate Professor Dr. Mohd Akram Bin Dato' Dahaman @ Dahlan;

9. Sahibul Fadhilah Dr Ahmad Sufian bin Che Abdullah;

10. Sahibul Fadhilah Associate Professor Dr Ahmad Wifaq Bin Mokhtar;

11. Sahibul Fadhilah Ustaz Syed Abu Bakar Bin Syed Kamal Bharin;

12. Sahibul Fadhilah Dr. Muhammad Lukman Bin Mat Sin;

13. Ustaz Muhammad Khidhir Bin Abdul Ghani – Secretary.

RESOLVED at the Meeting of the Majlis Agama Islam dan Adat Istiadat Melayu Perlis Bil. 6/2023 on 4 December 2023