What is the Sharia ruling regarding a wife remaining with her husband who is afflicted with an infectious disease, and is it permissible for her to seek a divorce to ward off harm from herself and her children?
It is advisable to be patient with illness and to strive for treatment while minimizing the possibility of disease transmission. If the disease is contagious and unavoidable, it is permissible to seek a divorce to remove harm, for the Messenger of Allah, peace and blessings be upon him, said: "Any woman who asks her husband for a divorce without any pressing reason, the scent of Paradise will be forbidden to her." "Without any pressing reason" means without a hardship that compels her to separation. A wife has the right to seek separation if her husband, who is afflicted with a contagious disease, is prohibited from contacting people.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 9977
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- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
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