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. 90 (7/9)
Acquired Immunodeficiency Syndrome (AIDS) and its Shariah Rulings
The Council of the International Islamic Fiqh Academy of the Organization of the Islamic Conference, holding its 9th session in Abu Dhabi, United Arab Emirates, on 1–6 Dhū al-Qi’dah 1415h (1–6 April 1995),
Having examined the research papers submitted to the Academy concerning
Acquired Immunodeficiency Syndrome (AIDS) and its Shariah Rulings, Having listened to the discussions on the subject,
Resolves
First: Isolation of the Patient
Medical data available today affirms that contagion with the human acquired immunodeficiency syndrome (AIDS) virus does not occur through cohabitation, ordinary contact, breathing, insects’ bites, sharing of food, drink, swimming pools, seats, table-ware, or any of the other aspects of ordinary cohabitation. Instead, contagion can only occur through one of the following vehicles:
- Sexual contact in any
- Transfusion of contaminated blood or its by-products.
- Use of contaminated needles, especially among drug addicts, as well as shaving blades.
- Transmission from an affected mother to her child during pregnancy or at birth.
Given the above, it emerges that if there is no risk of contagion; hence, iso- lating victims from their healthy peers is not a Shariah obligation. The patients can be dealt with according to the approved medical procedures.
Second: Deliberate Transmission of the Disease
The deliberate transmission of AIDS to a healthy individual, in any manner, is haram and is considered one of the major sins and transgressions. It also calls
for the imposition of an earthly punishment which may vary depending on the severity of the act and its impact on the health of people and society.
If the purpose of the willful perpetrator is to spread this disease in society, then this act is considered a Hiraba (a crime against humanity) and a vicious act of evil-spreading, which warrants one of the punishments stipulated in the verse of hiraba: «Indeed, the penalty for those who wage war against Allāh and His Messenger and strive upon earth [to cause] corruption is none but that they be killed or crucified or that their hands and feet be cut off from opposite sides or that they be exiled from the land. That is for them a disgrace in this world; a heavy punishment is theirs in the Hereafter.» (Al-Māʾidah, 33)
If his intention in deliberately transmitting the disease, was to infect a specific person, and if the infection has indeed occurred but the victim of the transmis- sion is still alive, the deliberate transmitter is subjected to appropriate punish- ment of Tazir (as decided by the Islamic judge). In case of the victim’s death, then the death penalty is considered applicable to the transgressor.
In case, however, the transgressor’s intention was to transmit the disease to a specific person, but the infection does not take place, the transgressor is sub- ject to Tazir punishment.
Third: Abortion of an AIDS-infected Mother
Since the transmission of AIDS occurs, in the overwhelming majority of cases, only at the advanced stage of pregnancy (after the fetus has received life) or during delivery, it is therefore not permissible to abort the fetus, according to Shariah.
Fourth: Custody and Feeding of an AIDS-infected Mother to her Healthy Child
Current medical data indicates that there is not definite danger in an AIDS- infected mother keeping her child in her custody and breastfeeding him/her, such a case being comparable to the case of ordinary association and cohabita- tion; therefore, there is no Shariah prohibition on the mother to keep her child in her custody and breastfeed him/her, unless there is a medical report otherwise.
Fifth: Healthy Spouse’s Right to Separation from the AIDS-infect- ed Spouse
A wife has the right to request separation from the affected husband, consid- ering that AIDS is a contagious disease that is transmitted primarily through sexual contact.
Sixth: Considering AIDS as a Terminal Disease in Shariah
The disease of AIDS is considered a terminal disease according to Shariah if all its symptoms are present and the victim is no longer able to lead an ordinary living, and death becomes imminent.
Recommendations
First: To postpone the subject of “the right to conjugal relationship” for further research.
Second: The need to maintain screening of Ḥajj pilgrims, to ensure that they are free of all contagious diseases, including AIDS.
Indeed, Allāh is the Giver of success.
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