In the Name of Allāh,
the Entirely Merciful, the Especially Merciful
Praise is due to Allāh, Lord of the worlds, may the blessings and peace be upon our master Muḥammad, the last of prophets, on his family, and all his companions.
Resolution No. 82 (13/8)
Acquired Immunodeficiency Syndrome (AIDS)
The Council of the International Islamic Fiqh Academy of the Organization of the Islamic Conference, holding its 8th session in Bandar Seri Begawan, Brunei Darussalam, on 1–7 Muḥarram 1414h (21–27 June 1993),
Having examined the research papers submitted to the Academy concerning
Acquired Immunodeficiency Syndrome (AIDS),
Having listened to the discussions on the subject which concluded that since committing either of the two execrable sins of adultery and sodomy is the main factor behind sexual diseases, the most dangerous of which is AIDS,
Having considered that combating depravity and guiding the media and tourism constitute are important weapons to cure these diseases,
Having acknowledged that upholding the teachings of Islam, combating depravity, reforming the media, banning licentious films and series, and monitor- ing tourism are undoubtedly essential tools for the prevention of these diseases,
Resolves
If one party of the married couple contracts this disease, he/she must inform the other and cooperate with him/her in all protective measures.
Recommendations
First: Call on the competent authorities in Muslim States to take all necessary measures to protect against AIDS and punish whoever transmits it intentionally. Also, urging the government of the Kingdom of Saudi Arabia, to continue its intensive efforts to protect foreign pilgrims and take all necessary measures to protect them against AIDS.
Second: Provide AIDS victims with the necessary care; meanwhile, victims and carriers of AIDS must avoid all that could transmit their disease to others. Also, adequate education should be provided to children carrying the disease.
Third: The Secretariat General of the Academy shall commission medical
specialists and Fiqh scholars to conduct complementary research on the follow- ing subjects for consideration at future sessions.21
- Quarantining AIDS carriers and
- Employers and their stance towards AIDS
- Abortion of pregnant AIDS
- Giving the right to women married to AIDS victims to rescind their marriage contract (faskh).
- Should contracting AIDS be considered as a terminal disease in terms of the victim’s behavior?
- Implications for AIDS-infected mothers regarding their right to
- What is the Shariah ruling regarding a person who deliberately transmits AIDS to others?
- Compensation of AIDS victims infected by blood transfusion, any of its substances, or by organ transplantation.
- Undertaking premarital medical tests to avoid the risk of contagious diseases, namely
Indeed, Allāh is All-Knowing.
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