Al-ihqaq fi anna marad al-idz musawwigh li talab al-talaq
Shayji, 'Abd al-Razzaq Khalifah
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: 355-396
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 focus of this paper is the discussions of the early Muslim religious scholars on the religio-ethical consequences if one member of a married couple becomes infected with a communicable or chronic disease and on the relevance of these discussions to AIDS. The greater part of this paper is a comprehensive presentation of the discussions in the early manuals of Islamic jurisprudence about the influence of being infected with communicable and chronic diseases on marriage. The author concludes that one of the married couple will be entitled to request terminating the marriage if the other partner is infected with AIDS. Appended to the paper is the text of the Kuwaiti personal law (items no.139-142) which elaborates on this issue.
Aids; Analogy; Chronically Ill; Communicable Disease Control; Communicable Diseases; Contraception; Disease; Disease Outbreaks; Divorce; Discrimination; Epidemiology; Ethics; Fiqh; Guardians; Harm; HIV Infections; Human Rights; Immunization; Islamic Ethics; Islamic Jurisprudence; Law; Legal Guardians; Legal Rights; Legislation; Marital Relationship; Married Persons; Mentally Ill Persons; Modern Muslim Religious Scholars; Muslim Religious Scholars; Marriage; Pre-Modern Muslim Religious Scholars; Quarantine; Rights; Schools; Schools of Islamic Law; Sexually Transmitted Diseases; Social Discrimination; Social Impact; Social Interaction; Social Problems; Values; Religious Ethics; Acquired Immunodeficiency Syndrome or HIV Infection;
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