Hukm faskh nikah man usiba bi marad al-idz
Ashqar, 'Umar Sulayman 'Abd Allah
In: Jundi, Ahmad Raja'i, ed., Ru'yah Islamiyah li al-mashakil al-ijtima'iyah li marad al-idz = An Islamic vision for the social problems of AIDS. Sulaibekhat, Kuwait: Islamic Organization for Medical Sciences 1994: 399-422
This paper was submitted to the symposium held by the Islamic Organization for Medical Sciences (IOMS) in Kuwait during the period 6-8 December 1993 on AIDS and its social problems. The main thesis of this paper is that the juristic and ethical consequences of AIDS on marriage is not a new topic in Islamic jurisprudence. The sexual, communicable and chronic diseases which might hit one of the married couple have been extensively examined in the early manuals of Islamic jurisprudence and AIDS is analogous to these diseases. The paper concludes that once one of the married couple gets infected with AIDS the other partner will have the right to request terminating the marriage. The paper also includes relevant parts from the codes of personal law enforced in different Arab countries.
Aids; Analogy; Arab World; Chronically Ill; Communicable Disease Control; Communicable Diseases; Competence; Contraception; Disease; Disease Outbreaks; Divorce; Discrimination; Epidemiology; Ethics; Family Members; Fiqh; Guardians; Harm; HIV Infections; Immunization; Islamic Ethics; Islamic Legal Maxims; Islamic Jurisprudence; Law; Legal Guardians; Legal Rights; Marital Relationship; Married Persons; Mentally Ill Persons; Modern Muslim Religious Scholars; Muslim Religious Scholars; Marriage; Patients; Pre-Modern Muslim Religious Scholars; Quarantine; Reproductive Rights; Rights; Schools; Schools of Islamic Law; Sexually Transmitted Diseases; Social Discrimination; Social Impact; Social Problems; Values; Religious Ethics; Acquired Immunodeficiency Syndrome or HIV Infection;
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