Exposing HIV positive Muslims

[Aapa]

Assalaam alaikum,

Once again as he is in the US and he knew and did not alert his wife he is in legal trouble. This is not a joking matter. As for telling others there is no need. But, any partner he has he must tell. I am not sure of the legal procedure but once the medical community discovers how she contracted AIDS will pass the information to the legal community. This is a link to start:http://aids.gov/hiv-aids-basics/just-diagnosed-with-hiv-aids/your-legal-rights/legal-disclosure/

 

[PeacefulHumanity]

Assalaam alaikum,

Once again as he is in the US and he knew and did not alert his wife he is in legal trouble. This is not a joking matter. As for telling others there is no need. But, any partner he has he must tell. I am not sure of the legal procedure but once the medical community discovers how she contracted AIDS will pass the information to the legal community. This is a link to start:http://aids.gov/hiv-aids-basics/just-diagnosed-with-hiv-aids/your-legal-rights/legal-disclosure/

I believe Aapa is right. From what I remember from HIV/AIDS education, it is actually considered murder to give this disease to someone knowingly without their consent.

 

[strive-may-i]

strive-may-i,
You're not getting it, habibi. You're telling us the right thing to do if we were the carriers. But I'm asking what we would do if we KNOW a carrier. Two different things here. Would that be considered exposing the guy? Obviously an STD means that he must have had sexual contact with either a woman or a probably even a man.
Him getting treatment is not my concern. His wife being at risk AND the possibility that me "instigating" could lead him to being harmed are my concerns.
Sister Aisya al-Humaira, its too late. The wife now has AIDS. Unfortunately

Read the reply again.

Whats the right thing to do?

Preventing Contagious disease (like plague)
It is haraam (forbidden) to enter or leave any town that has been stricken by the plague. This implies its haraam to cause spread of contagious disease, when we can prevent disease from spreading further.

By extension Aids prevention
By spreading (AIDS) to another human, they committed a bigger sin, by not preventing the harm. The wife should have been disease free, she has the right to know. Islamically its clear. .
PERIOD

Wife should have known. Wife is core family, she is one who is affected by HIV infected spouse. So he was tested HIV positive family knew it, its of no use the family knowing and wife not knowing about the HIV positive. To notify wife, inform the risk of HIV, ways to lead married life without spreading HIV infection, educate the alternatives and give her the choice to decide the status of marriage are her rights. From there its a matter between husband and wife, how they handle it. This will mean, the human HIV-agent, the guy in this case shows maturity and takes necessary steps to ensure it does not spread. But this does not happen and you see the headcount of infected increase every year across the globe.

Spread of AIDS
The spread of HIV around world speaks the urgent need for a remedy, either vaccine or changes in law / society approach to life so as to contain the spread of AIDS.

Impact of HIV on humans , its spread, is widely discussed, but that has not helped much. Its in a way a harsh measure of morality. Maybe some would harden and say justified! We must remember that this disease has not only physiological effects, but also major psychological effects. Medical workers see it as a societal problem, which needs empathy and approaching it with a positive mindset, is way forward.

AIDS is unlike plague. In plague the spread and the death both are rapid. But in AIDS, its hidden and hence all the more difficult. Hence, in my opinion Spreading AIDS, in non permissible and hence a stronger case for calling it Haraam. The spouse/partners have rights. Unless duty is done, rights wont be realized. So the law /society should/would have to detail an approach for 'identifying the infected, treating them and notifying the affected, preventive measures'.

I would suggest you visit a Health center or medical workers, who excel in addressing this menace. Or better is to volunteer few days, to better appreciate and empathize. From my experience, you will learn a lot. and from this little exposure am saying this needs an all round approach.

On how Shariah approaches this, reach out to a competent shariah board.

The link by Aapa provides some more answers, on how the problem is being addressed in practice.




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[Hard Rock Moslem]

Brother,

I guess this discussion about whether we can expose or we can't expose is for the future since the wife already infected with AIDS/HIV.

In religion, we do have exceptions to the rules under certain circumstances. Example, we can't eat pork, but if you lost in the jungle and you have no food to survive and you can only find a wild boar to eat, then it is permissible to eat a little just to get some energy. Likewise, yes we can't expose other person sins but if he or she will bring danger to others in whatever way, you have to expose to those who may be affected only not by advertising to the whole world UNLESS he /she is a danger to every mankind. Another simple analogy, I know a person, say A, likes to borrow money but he got a habit of never want return the money he borrowed from me. Co-incidentally a friend of mine is asking me is it alright to lent this A some money, I'm duty bound to warn my friend that this A may not return the money as it happens to me. Another example, B is going to propose to this girl C, I know very well B is a drug addict then I'm obligated to tell C about B. It is up to C if she still accept the proposal.

I agree it is too late but there is no guarantee he will not mess around with other women, so better give him some advise. You may also want to tell the poor sister about the following hadith:

Abu Sa'id al-Khudri r.a. reported that the Prophet said: Whenever a Muslim is afflicted with a hardship, sickness, sadness, worry, harm, or depression --even a thorn's prick, Allah expiates his sins because of it. [Bukhari & Muslim]

There is nothing else she can do other than calling her husband and her self to repent and repent for Allah's mercy. May Allah gives her strenght to face this turbulent time.

 

[tic_tac_toe]

:salam2:

It is permitted to inform others when the safety and security of another Muslim is on the line so the matter will be decided on a "need to know basis". A potential spouse needs to know because his/her safety and security is on the line while general Muslims don't need to know unless their safety and security is affected as all of this comes under warning another Islam of the impending harm.

http://islamqa.info/en/ref/105391

 

[John Smith]

If someone knows something which is dangerous and can end a life or cause misery to someone then its thier moral right to inform that person.

What this person has done should end with some sort of punishment.

Would you conceal the sins of a paedo?.

I hate the fact when incidents like this happen people hide behind islam.

Shocking.

 

[Aapa]

Assalaam alaikum,

We have a situation here that has many levels.

Individual: a man withheld information from his wife; the information he concealed was potentially dangerous to her life. We do not know his sexual preference.

Societal: there are laws that have been passed to protect victims. She is a victim. And if she were to die from AIDS/HIV it is considered murder in many states.

Family: what if the wife becomes pregnant.? Should his wife wish a divorce it is her right.

Islam is not advocating that the man wear a big bright ribbon. Not everyone needs to know about his condition. But those that he has intimate contact with do need to know. It becomes their choice. And in the US it is a law. People have been sent to prison on this one.

Brother, I would share this discussion with your friend. It may be an eye-opener to him.

 

[alf2]

How terrible! This is a sticky situation and people with HIV/AIDS are often very self conscious. My sister has been HIV+ for like 6 years now and the only people who know are me, my mom and my dad. Because my other family are VERY uneducated and will think just touching her will give them HIV. WHen actually, only blood and sexual contact transfer HIV.

So in other words, he NEEDS to warn future spouses of his disease. But in terms of the community no one needs to know.

Also, in the USA if a person spreads HIV KNOWINGLY to another person he can be found guilty and put in prison.

 

[alf2]

JAk,

I tried not to give the whole details of the story, because I don't know too much about how it began. But, he was ALREADY married. His wife was in his country at the time, and he was here in the US for work. He apparently contracted this disease from a mistress or __, ...Allah Knows Best. He eventually got a green card and brought his wife and children over, and then thats when the mess began. His brothers back home knew about it before the wife departed to America, but never told her.


I guess this changes the fatwa? I don't know

Oh my God. Thats absolutely despicable.
May Allah swt forgive him because I think If I was his wife I could not. Alhamdulilah if she goes to the public health department and tells them she is HIV+ they can assist her. Most places have low cost and even free care (in big cities) In America, HIV is not a death sentence anymore. Insha allah she will be okay.

 

[HIVpozmuslim]

Salaam,
My Mother always asks me to get married, & I remind her don't forget I am HIV Positive. She says it will work out. I have always told her that if she find me a women who is ok and willing to marry me knowing my HIV status, I will get married if not then I wont.

It is my opinion that people should not go about other business and talk about them.