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Fatwa CenterHis mother commands him to divorce his wife who has AIDS
Question
My wife contracted AIDS via a drug contaminated hypodermic needle. I love my wife and I do not want to divorce her, but my mother wants me to divorce her. What should I do? Can I get AIDS through kissing my wife or having sexual intercourse with her?
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.
Dear questioner, you should enjoin your wife and even ban her from committing what Allaah The Almighty Rendered prohibited. If she obeyed you, repented to Allaah The Exalted sincerely and adhered to carrying out righteous deeds; then you should be merciful to her and provide her with due remedy for that disease. The Prophet, sallallaahu ‘alayhi wa sallam, said: “The best among you are the best to their wives.” [At-Tirmithi and Ibn Maajah]
Hence, you should not divorce your wife as your mother wants you, and this does not contradict the due dutifulness towards your own mother that Allaah The Exalted Ordained upon you. In fact, you can keep your wife, if she adhered to the Commands of Allaah The Almighty and became a steadfast righteous Muslim on the Path of Allaah The Exalted, and be dutiful to your mother.
Perhaps what drove your mother to ask you to divorce her is her fear that you might get that disease from your wife through sexual intercourse. She has a good point; for the Muslim should not endanger himself or imperil others. The Prophet, sallallaahu ‘alayhi wa sallam, said: “There should be neither harm nor malice. " [Maalik in Al-Muwatta’]
You can shun such potential hazard by marrying another woman, if possible. If your wife did not firmly adhere to the Commands of Allaah The Almighty and shun His Prohibitions, she is not good for you and Allaah The Exalted Will Compensate you with a better wife. As for your question about AIDS transmission, it is an inquiry that should be addressed to specialized doctors. We beseech Allaah The Exalted to Cure all ill Muslims and Guide them to the right path.
Allaah Knows best.
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