Monday, 4 July 2011

He has AIDS – can he marry someone who has the same disease?

He has AIDS – can he marry someone who has the same disease?
ar - en
I have a question similiar to the Question Reference #11137, (Ruling on marrying one’s daughter to an AIDS patient). I myself am in a similiar situation wherein I want to marry a sister and she has been diagnosed with the HIV virus. However her levels of the virus are so low that they are undetectible. She has been married before and has a 4 year old son, both of whom have not contracted the virus. In reference to marrying someone with the HIV virus I understand that some scholars say that it is not permissible, and some say other wise. In your answer to the above question you say it's okay given the parties are aware of it. My question is:

1. Can she marry if the relations she has are protected?

2. Can she marry if both people agree not to have intercourse?

3. Can a man marry her to have her rights of marriage be fulfilled for the pleasure of Allah?.


Praise be to Allaah.

In the answer to question no.
11137 we stated the ruling on
marriage of one who has AIDS, and we said: He should not marry until he has
explained his situation and said, “I have such and such a disease.” If they
agree to that then all well and good, otherwise the marriage should not go
ahead, because if he conceals his situation from them, then he has deceived
them and cheated them, and this woman may transmit the disease to her
husband, or the husband may transmit it to his wife, and it may be
transmitted to their children after that. But if she agrees to marry you and
accepts the will and decree of Allaah, there is nothing wrong with that. 

There is nothing wrong with the brother who asked this
question marrying a woman who is healthy or sick, so long as you explain
your medical situation. If they agree, and you want to have intercourse,
then you can use condoms. 

Dr ‘Abd-Allaah al-Haqeel – whom I consulted and who is the
head of the Stomach Diseases section in the Medical College of the King
Sa’ood University – said:  

Marriage of an AIDS patient is a serious problem, because the
main cause of the transmission of this disease is sexual contact. Using a
condom gives a high degree of protection but the other party – man or woman,
must be fully aware of the expected consequences. 

Al-Watan newspaper, issue no. 522, 2nd year –
Tuesday 21 Dhu’l-Hijjah AH/ 5 March 202 CE. 

Married life is not only about intercourse; you could marry
this woman if you both agree not to have intercourse, for a man’s need for a
woman, and vice versa, is not just the matter of sexual needs. There are the
matters of caring for one another, protection, spending, love and helping
one another to obey Allaah. The love of one party for the other, so that the
latter may inherit, may the reason for marriage, such as marriage to a minor
who is not able for intercourse. Such a marriage is valid according to
sharee’ah, even if no intercourse takes place. Based on this, there is no
reason why you should not get married and agree not to have intercourse. 

The majority of scholars stated that it is permissible for a
Muslim to get married during his final illness, if he is mature and of sound
mind; what need for intercourse is there in this case for which he should
get married? 

Shaykh al-Islam Ibn Taymiyah (may Allaah have mercy on him)
was asked about a sick person who got married whilst he was sick – is this
marriage contract valid? 

He replied: 

The marriage of a sick
person is valid, and the wife inherits from him, according to the majority
of Muslim scholars among the Sahaabah and Taabi’een, and she is only
entitled to a mahr like that of her peers; she is not entitled to more than
that, according to scholarly consensus. End quote. 

Al-Fataawa al-Kubra, 3/99 

He also said (5/466): 

The marriage of a sick person during his final illness is
valid, and the wife inherits from him, according to the majority of scholars
among the Sahaabah and Taabi’een, but she is not entitled to anything other
than the mahr of her peers, and no more than that, according to consensus.
End quote. 

And Allaah knows best.

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