Islamic Fiqh Prescriptions Concerning AIDS Patients

This study, consisting of an introduction, six chapters and a conclusion, aimed at explaining Islamic fiqh prescriptions on Aids patients at a time when the subject of Aids is researched from both the medical and fiqh sides. However, the implications of Aids and legal prescriptions are still unknown to the Muslim society. Further, this study aimed at deriving prescriptions, legal ones, pertaining to Aids patients in terms of their personal status, transactions, crimes.. Since Islamic Shari'a is comprehensive, the problem of Aids and Aids patients was dealt with. When Aids was discovered in the early 1980s, it was found that it was transmitted and became rampant because of practicing anus intercourse, a deviation from normal sexual behavior. There has also been no treatment for Aids. The only thing to eradicate the disease is to go back to Islamic Shari'a, apply its prescriptions and shun common laws (man-made). Religiously, an Aids patient is forbidden from getting married owing to the possible consequences of such a marriage. That is, this marriage harms, oppresses and causes death of wife and children. Judicially, if the Aids patient knows he/she has the disease, he is considered a deliberate killer. In this case, he must be punished for this crime. If he/she doesn't know, then he/she will be subject to a punishment for a mistaken killing . Concerning abortion, according to Shari'a, it's taboo during all stages of the embryo, before and after blowing the soul, whether the embryo was affected by Aids or not . A mother need not breast feed her baby and is forbidden from doing so if she is an Aids patient. Moreover, each of the couple has the right to ask for revocation of marriage contract if the other has Aids. It (Aids) has priority over leprosy which also grants husband and wife to revoke marriage contract. The wife has the right to resist her husband's wish to have sex with her if he has Aids or he is an Aids carrier. According to Shari'a, Aids is not a deadly disease unless the symptoms of disease appear on the patient and paralyze him thus preventing him from practicing his daily life. A deliberate killer deserves death sentence regardless of the method of his /her killing as long as the aim is to kill him/her any way. Death sentence is not executed on one who transmits the disease intentionally before the one transmitted to dies. He is only given a discretionary punishment. If the latter dies, his guardians have the right to ask for "diyah" (blood money). Religiously, those who transfer the epidemic, through negligence, are sinful and they must receive a discretionary punishment That equals the type of failure. Aids patients should be allowed to continue working as long as they can. However, all precautions and measures must be taken. Finally, governments nowadays must take obligatory measures to face this disease and check on its widespread. The ministries of health must be charged with this task. There have to be also strict measures and tough penalties against those who fail to cooperate or neglect these measures. Tourists must undergo blood testing before entering the country to make sure the country is free from the disease.