OIC
Figh Academy Resolution No. 90/7/9
CONCERNING ACQUIRED
IMMUNO-DEFICIENCY SYNDROME(AIDS)
AND FIQH RULES APPLICABLE TO IT
Quote-The Council of the Islamic Fiqh Academy, holding its
Ninth session, in Abu Dhabi, State of the United Arab Emirates, from
1 to 6 Dhul Qida 1415H (1-6 April, 1995)
Having
considered the research papers forwarded to the Academy
on the subject of Acquired Immune-Deficiency Syndrome(AIDS) and
Fiqh rules applicable to it.
Having listened to
the debate around the subject,
RESOLVES
First: Isolation
of the patient
Medical data available today
affirm that contagion with the human virus of Acquired
Immune-Deficiency Syndrome (AIDS) does not take place through
cohabitation, ordinary contact, breathing , insects bite, sharing of
food, drink, swimming pools, seats, table-ware, or any of the other
aspects of ordinary cohabitation. Rather, contagion can take
place only through one of the following vehicles:
1.Sexual
contacting any form.
2.Transfusion
of contaminated blood or of its by-products.
3.Use
of contaminated needles, especially among drug-addicts, as well as
shaving blades.
4.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, isolating victims from their healthy peers is not a necessity in the eyes of Sharia and the patients can be dealt with in accordance with the approved medical procedures. |
|
SECOND: |
Deliberate transmission of the Disease |
---|---|
Transmission of Acquired Immune-Deficiency Syndrome (AIDS) to a healthy individual, in any deliberate manner is Haram (Sharia proscribed) and is considered among the major evil sins and transgressions. It also calls for worldly punishment which may vary in accordance with the seriousness of the act and its impact on the health of individuals and society. |
|
If the willful perpetrators aim is to spread this vicious disease in society, then this act is considered as hiraba (a criminal act directed against humanity) and vicious act of evil-spreading, which warrants one of the sanctions stipulated in the verse of hiraba: The punishment of those who wage war against God and His Apostle, and strive with might and main for mischief through the land is : execution, or crucifixion, or the cutting of hand and feet from opposite sides, or exile from the land: that is their disgrace in this world, and a heavy punishment is theirs in the Hereafter; (Surat-al Maidah Verse.36) |
|
If his intentions, in deliberately transmitting the disease, was to contaminate a specific person, and if the contamination has indeed been effected but the victim of the transmission is still alive, the deliberate transmitter is subjected to appropriate Taazir sanction (dissuasive punishment as may be decided by Shariaa judges). In case of the victims death, then death penalty is considered for the transgressor. In case, however, the transgressors intention was to transmit the disease to a specific person but contamination does not take place, the transgressor is liable to Taazir penalty. |
|
THIRD: |
Aborting a mother affected by Acquired Immune-Deficiency Syndrome (AIDS) |
Considering the fact that transmission of Acquired Immune-Deficiency Syndrome (AIDS) only takes place, in the overwhelming majority of cases, at an advanced stage of pregnancy (after the fetus is invested with life) or during delivery, it is therefore not permissible to abort the fetus, in Sharia view. |
|
FOURTH: |
The right for a mother affected by Acquired Immune-Deficiency Syndrome (AIDS) to have custody of and to suckle her healthy child |
In as much as current medical information indicate that there is not certain danger entailing from a mother, victim of AIDS, keeping her child in her custody and suckling it, such a case being comparable to the case of ordinary association and cohabitation, there is no Shariaa objection to the mother keeping her child in her custody and suckling it, unless there is a medical report to the contrary. |
|
FIFTH: |
The right for a healthy spouse to seek separation from a partner affected by Acquired Immune-Deficiency Syndrome (AIDS) |
A wife may seek separation from the affected husband, considering that the Acquired Immune-Deficiency Syndrome (AIDS) is a contagious disease which is transmitted mainly through sexual contact. |
|
SIXTH: |
Considering acquired Immune deficiency disease(AIDS) as a terminal disease |
Acquired Immunodeficiency disease is a considered as terminal in the Sharia views, if all its symptoms are present and the victim is no longer capable of carrying out ordinary living, and death is imminent. |
AND THE
COUNCIL RECOMMENDS
First |
The issue of the right to conjugal intercourse is deferred pending further study. |
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Second: |
The need to keep up the checking system during the Haj season, to ensure that pilgrims are free from any contagious disease, particularly Acquired Immunodeficiency Syndrome (AIDS). |
Verily Allah is All
Knowing Unquote
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