FatwaNegeri SembilanMarriage & Family
Berkahwin dengan pesakit AIDS
What is the ruling on marriage between an HIV-positive person and an HIV-negative partner, and may HIV patients marry only other HIV patients?
Short answer
A marriage between an AIDS patient and a healthy partner is valid if the pillars and conditions of marriage are met, and Islam does not prevent two AIDS patients from marrying.
A reference, not a fatwa. First sentence of the summary below — read the original fatwa and consult your state authority before acting.
- Authority
- Negeri Sembilan Mufti Department
- Status
- Opinion (irsyad)
- Series
- Soal Jawab Agama
- Topic
- Marriage & Family
No evidence of gazettement in the source — this is not a gazetted fatwa.
Summary
A marriage between an AIDS patient and a healthy partner is valid if the pillars and conditions of marriage are met, and Islam does not prevent two AIDS patients from marrying. Couples who wish to proceed must undergo counselling on the risks and precautions. However, if the healthy partner is a woman, her guardian has the right to prevent the marriage according to the majority of scholars. The guardian, ruler or judge should prohibit such a marriage because it endangers the healthy partner and conflicts with the higher objectives of the Shariah to protect life and lineage.
Written in our own words from the original fatwa — check the source before acting on it.
Perkahwinan antara pesakit AIDS dan pasangannya yang sihat adalah sah mengikut syariat Islam jika cukup rukun dan syarat nikah.
Read the full fatwa on the Negeri Sembilan website (new tab)
How to cite
Cite the original fatwa and its authority. Rujuk Fatwa is only where you found it.
Negeri Sembilan Mufti Department. “Berkahwin dengan pesakit AIDS”, date not stated. https://muftins.gov.my/soaljawab/berkahwin-dengan-pesakit-aids/. Found via Rujuk Fatwa: https://rujukfatwa.com/en/fatwa/marrying-a-person-with-aids-ruling/