Is it permissible to force a wife to stay in her father's house and divorce her from her husband who is afflicted with AIDS and hepatitis, and who does not have sexual intercourse with her, out of fear for her and her future?
It is not permissible to force the wife to seek divorce from her sick husband, because the right to annul or confirm the marriage belongs to her alone. Guardians do not have the right to annul the marriage of their ward due to illnesses that appear after the marriage contract.
Marriage does not end with the husband's illness, insanity, or weakness, but rather with divorce, annulment, or death.
As for the wife residing in her husband's family home, where his brothers are present, if it does not lead to seclusion (khalwa) or any forbidden act, then it is permissible. However, if it leads to a forbidden act, then the guardians must change the evil according to their ability. If changing it by hand is impossible or results in a greater evil, then the disapproval remains in the heart.
It is advisable to refer to the Sharia court for such matters.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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