🏡 Rights & responsibilities · #61

A spouse has an infectious illness such as HIV or hepatitis B. What about marital relations?

The infected spouse must be open about it, and relations can continue with preventive measures on medical advice; the healthy spouse also has the right to choose, including applying for fasakh where the conditions are met.
Islam forbids harming others (Sunan Ibn Majah 2340), and hiding an illness that can be passed to one's spouse is a wrong. Today antiretroviral treatment and the hepatitis B vaccine greatly reduce the risk of transmission; a doctor can advise on medication, condoms, vaccination and safe pregnancy planning. Act 303 s.52(1)(f) lists a venereal disease in a communicable form among the grounds for fasakh. Treat a sick spouse with compassion, not stigma; many patients live long and healthy lives with treatment. See the question on disclosing illness.

Sources

Sunan Ibn Majah 2340 (sahih)Act 303, s.52Surah al-Baqarah 2:195

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This answer is general reference, not a fatwa. For your situation, consult the religious affairs office, a Syarie lawyer or your state Syariah Court.

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