Husband wants to divorce his HIV+ wife
Fatwa No: 195891

  • Fatwa Date:29-1-2013 - Rabee' Al-Awwal 18, 1434
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Question

Asalam wk my question on HIV I am HIV + since 8 months after marriage I came to knew it I don't knw how I was infected my husband is negative after knowing it he accepted me even my in laws accepted and was with me but a month before his mother started fighting with me when it was out of control I said I can't live with her know my husband want to leave me. Boz of her mother and even he is lying dat he was nt with me ( sexual intercourse)

Answer

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His Slave and Messenger.

First of all, we ask Allaah to bless you with an immediate cure, and we advise you to supplicate Allaah earnestly as He responds to the supplication of a person who is in distress as Allaah is Omnipotent and everything is easy for Him.

AIDS (HIV) is like any other disease, a person who is affected with this disease may be cured with the permission of Allaah. We advise you to be patient as there is much goodness in patience. For more benefit, please refer to Fataawa 83577 and 85072.

As it is well known, this disease has many causes and it is not necessarily caused by sexual intercourse.

Besides, disputes between the wife and her mother-in-law often occur especially if they both live in the same house. If your mother-in-law fights with you just because you are affected with this disease, then she is wrong, but we advise you to be patient with her. It is wise not to let the dispute between the wife and her mother-in-law have an impact on the spouses' life; rather, both spouses should be keen on overcoming this problem away from divorce.

The husband should not resort to divorce just because of this problem with his mother. So, you should have a mutual understanding with him in a gentle manner, and seek the help of rational people if necessary.

If living in a separate house can be a reason for solving the problem, then you should resort to it – we mean an independent or separate accommodation – as it is the right of the wife upon her husband as we have already explained in Fatwa 84608.

In any case, if it happens that your husband divorces you, you should be patient and comfort yourself with the saying of Allaah (which means): {But if they separate [by divorce], Allaah will enrich each [of them] from His abundance. And ever is Allaah Encompassing and Wise.} [Quran 4:130]. Perhaps Allaah will compensate you with a better husband.

On the other hand, it is not permissible for a husband to lie and deny having sexual intercourse with his wife without a benefit that could not be achieved except by denying it, but you did not clarify to us his purpose in denying having sexual intercourse with you. If he intended to deny having consummated the marriage with you so that the rights that are due to you because of marriage would not be effective, then the consummation of the marriage with the wife can happen without sexual intercourse. The jurists  may  Allaah  have  mercy  upon  them clarified the ruling if the spouses disputed about intercourse (whether it occurred between them or not) and they stated that the statement of the one who denies it is the one that is taken into account as he/she is sticking to the original status (i.e. the lack of the existence of the ruling until the contrary is proven). As-Suyooti  may  Allaah  have  mercy  upon  him from the Shaafi’i School of jurisprudence, said in Al-Ashbaah wan-Nathaa’ir when talking about the rule which reads "The rule which had not existed in the past is presumed to be non-existent": “If the two spouses differ about the issue of having sexual intercourse, then the statement that should be taken into account is the statement of the one who denies it as pursuant to the principle of presuming the original absence of a ruling (until the contrary is proven).

Allaah Knows best.

 


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