Avoiding Intimate Relations due to Disease

· 23 Muharram 1441 AH1 min readFatwa 41708English
Marriage & DivorceMarriage (Nikah)

Question

Salaam Alaikum,

I recently married a muslim woman who has genital herpes. She believes that she contracted this disease from her previous husband who was not practicing Islam and commited zina. Mashallah she is practicing and striving to do her best in deen, but this disease is becoming an issue in our marriage. I am not willing to risk contracting the disease by having vaginal intercourse with her. This in turn, is becoming an issue because her needs are not being met. As far as the research I have conducted, there is no known cure to genital herpes, and it can even be contracted while using a condom. Otherwise the marriage is amiable. What is the ruling in this situation? What do you recommend? We are both becoming dissatisfied due to this condition.

Answer

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

It is pleasing to note that the marriage is amiable. We make dua that Allah assists both of you to overcome the challenge you refer to. Genital herpes is contagious and can be passed on via intercourse.[i] However, there is medicine available to help with the symptoms, which reduces the risk of infection.[ii] You should explore this avenue and seek expert medical advice.

And Allah Ta’āla Knows Best

Faizal

Student, Darul Iftaa

UK

Checked and Approved by,

Mufti Ebrahim Desai.

(2019-09-22)

References (Arabic / Urdu sources)

[i] https://www.nhs.uk/conditions/genital-herpes/

[ii] https://www.nhsdirect.wales.nhs.uk/encyclopaedia/g/article/genitalherpes/

"The messenger of Allah said," When Allah wishes good for someone, he bestows upon him the understanding of Deen" [Bukhari & Muslim] "- @MuftiEbrahim (Twitter)

Answered by
Faizal
Checked & approved by
Mufti Ebrahim Desai
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