It is not permissible to prevent the marriage of psychiatric patients – ryan

Cassation lawyer: It is not permissible to leave the family formation for coincidence and randomness .. And psychological and mental examination is necessary to protect society

The issue of psychiatric marriage is still opening a wide door for discussion, between those who consider it an inherent person to build a family, and whoever sees a step that may bear risks that have negative effects, if it is absent from the psychological examination. On the legal point of view, some jurists believe that marriage in itself is permissible with specific controls, while others insist that the completion of the marriage contract must be preceded by a psychological evaluation that guarantees the minimum stability.
On the ground, the experiences and certificates that we are about to present in the investigation reveal that many of these marriages do not live long, because they start weak at all, without real ingredients to continue.

There are those who see in it a desperate attempt that quickly ends with divorce, while another team defends the right of mental disorders to marry like others, but the real danger, as some experts warn, lies in ignoring psychological examination, as marriage may turn into a heavy burden that leaves its effect on their families and society as a whole.

In a small village in one of the neighborhoods of Giza Governorate, we followed a story that reflects the lives of some children and the harsh reality of them due to the decisions of the unsweetened parents, and the neighbors tell the details of a marriage story that ended in failure before it started, it was not just a transient dispute between a couple, but a tragedy made by hasty family decisions and social pressures, which prompted two families to marry two of the mental disorders, in the hope that the marriage may be valid for what the disease may be corrupted, The result was catastrophic, early separation, sufficient care children, and parties unable to assume their responsibilities.

The story of that family prompted us to further research on this incident, and know whether they are rare or repeated cases in different regions, and indeed we found it not an individual case, but that small story, reflects a greater crisis related to the extent of the eligibility of psychiatric and mental patients to go through the experience of marriage and childbearing, so we started to search more, to find that the controversy is between those who see that idea a human right that is authentic and no one is deprived of it, Social and human risk harmful to children and society, so that the controversy remains open, especially in the absence of clear legislation and effective follow -up mechanisms.
A marriage turns into a tragedy .. One of the testimonies says: “My son, I saw the tragedy with my eyes twice.” He narrates “Hajj Hassan”, from one of the villages, the details of the marriage of two young people with psychological disorders that ended in divorce.

“A” and “A” a young man and a girl suffering from varying psychological problems, whose family decided to marry them under the slogan “their right to form a family”, without looking at the fate. After a year only a year ended in divorce, leaving a little girl moving between her relatives sometimes, and she finds herself at other times alone in the street.
“Al -Hajj Hassan” says: “Unfortunately, people say the girl has grown and it is necessary to marry, but no one asks that she is psychologically ready or not.”

And the details of the tragedy say: “The two families decided to give their children the right to marry despite their suffering from psychological and mental disorders in varying degrees, which was a decision fraught with risks, but the people saw that it is not permissible to deprive them of an authentic human right just because they differed from others.

He added: “The marriage took place amid fully knowledge of the case of the newlyweds, but soon it turned out that the reality was more cruel than everyone imagined.” And he affirms: “A” the wife needed continuous psychological and social care, while “A” the husband himself needed regular support and treatment, because the family was unable to bear the burden, and society did not give them except the looks of compassion.

The tragedy reached its climax after having a child, “Hajj Hassan” continues, so she and the infant in urgent need of specialized care, while the husband faces a deficit to play his normal role as distress to the family, so the problems escalated quickly until the matter ended with the separation of the spouses, leaving behind a small child facing a mysterious future.

In a second case, one of the neighbors recounts that everyone was not expecting the marriage of “M”, due to his suffering from mental and psychological disorders known to all the residents of the village, but his family marred him from a girl from outside the village, she was also suffering from psychological and mental problems.

The hadith continues: “The marriage did not last long. The problems quickly worsened and reached the point of public quarrel in the street in front of the people.

He asserts: “The wife gave birth to a little girl, yet the crises did not stop, until she left the marital home without return, leaving behind her baby indifferently, and since then the father’s family has assumed responsibility for raising the child, but according to the description of the neighbor,“ No one really cares about a child who needs special care like her. ”

Current laws grant the right to annul the marriage contract when the referendum mental illness is proven, but thousands of marriages are carried out without any psychological or mental examination, leaving families facing the results alone.

Article 11 of the Personal Status Law states that experts are called to evaluate the case before the ruling, which puts the burden of the decision on psychiatrists.
Statistics indicate that there is less than a psychiatrist for every 100,000 citizens, while about a quarter of Egyptians suffer from psychological disorders during their lives, according to the national survey of mental health.

The point of view of religion and law .. Prof. Dr. Ahmed Karima, Professor of Islamic Sharia at Al -Azhar University, believes that preventing marriage in an absolute way may not be justified in some cases.

He added in statements to “The Seventh Day”: “If the psychological or mental illness eliminates perception completely, then there is no meaning for marriage, because in this case the patient does not realize the family, childbearing, rights and duties, but if the patient is aware of his actions, then there is no objection to his marriage, provided that specialized medical follow -up and supervision from a secret person or from the accounting prosecution to ensure the protection of his rights.”

The professor of Sharia stressed the need to take into account the feelings of families, especially in cases of simple or remedial psychological imbalance, stressing that partial or temporary disability does not prevent marriage other than the total disability, and there is no need to blame the people, as this is one of the morals ».

“Karima” emphasized the responsibility of psychiatrists and preachers in classifying cases in a scientific and legal manner, so that each case is dealt with separately, calling for avoiding the general provisions that may harm patients and their families.

For her part, Maha Abu Bakr, the lawyer, said in exclusive statements to “The Seventh Day” that the pre -marriage system in Egypt is currently limited to medical and hormonal analyzes related to the ability to have children, while it does not include any psychological or mental examination of the couple.

“Abu Bakr” added that the introduction of psychological and mental examination is possible through a legislative amendment that adds it to the conditions for completing the marriage, provided that it is made in approved places affiliated with the government within the official papers of the marriage contract.

She explained that the current medical examinations do not prevent marriage in the event of a contagious disease, but it only notifies the other party, stressing that the same principle can be applied to psychological and mental examination to inform the other party of any problems that may affect the stability of marital life.

She pointed out that marriage without examination or assessment of mental eligibility may lead to major problems.

“Abu Bakr” pointed out that the divorce rates in the early marriages are very high, stressing that the solution lies in obligating those who are coming to marry with a comprehensive physical, psychological and mental examination, in addition to rehabilitation programs for marriage and family management, so that they issue an official certificate from one of the state institutions to be a basic condition for the marriage contract, whether for Muslims or Christians.

She cited the “Mawadda” project, in which several official institutions participate in order to support the Egyptian family, stressing the need for these conditions to be mandatory and not optional to protect children from the effects of negative divorce on their psychological health.

She concluded her remarks by saying: “The interest of the state and society requires that our children be psychologically, mentally and physically healthy, because they are the future of this country, and it is not permissible to leave the formation of the family for coincidence or randomness.”

For his part, Dr. Walid Hindi, a consultant mental health and family relations, indicates that psychological examination limits divorce and improves the quality of family life, explaining that some genetic or moral diseases require serious standing in front of society’s responsibility towards those coming to marriage, calling on the legislators to legalize psychological and medical examination as a basic condition for the marriage contract to ensure a healthy and healthy Egyptian family.

Dr. Samir Al -Damiri, Director General of the General Administration of Women and Children’s Health at the Ministry of Health, says that the pre -marriage medical examination represents a starting point for building a healthy, psychological, and economic family, noting that the results are received with complete confidentiality of each party separately, adding that the examination includes family and psychological counseling sessions to prepare the couple for a new life, and dealing with the pressures associated with the marriage stage.

He stressed that the psychological side has become an essential part of the initiative, along with medical examinations, with the aim of forming a generation free of diseases that can enjoy better health.

He pointed out that the tests represent an integrated episode that starts from the health of the spouses, then caring for the mother and the fetus, leading to the follow -up of the child’s health until the school stage, which guarantees the continuity of health care for the family in its various stages.

While legal and legal sources agree that the issue cannot tolerate the circular, and that each case must be subject to an individual evaluation, and with the absence of accurate databases or official follow -up of marriage cases; The need remains urgent for legislation that regulates the matter, and provides sufficient health and psychological structure to support such marriages.