# A Code of Practice for Muslims in the West PDF pages 193 to 204. Physical PDF numbering, not inferred printed labels. Mechanical text extraction, not a verified transcription. Read the full rule or dialogue across page boundaries and retain its footnotes. Source characters are preserved except corrupt control glyphs, which are marked. Blank layout lines are removed. Do not silently repair other wording. Previous block: [pages 181 to 192](pages-181-192.md). Next block: [pages 205 to 216](pages-205-216.md). ## PDF PAGE 193 ```text ..……………………………………………… ٣٩١A Code of Practice For Muslims in the West Question: Is it permissible to transplant the liver of pig in a human’s body? Answer: It is permissible to transplant pig’s liver into the body of a human being. And Allah knows the best. Question: Is the process of test-tube babies allowed? In the sense that the wife’s ovum and the husband’s sperm are extracted to be fertilized outside the body, and then placed in the womb [of the wife]. Answer: In principle, it is allowed. Question: There are certain hereditary diseases that are transferred from parents to children and pose a danger to their lives in the future. Modern science has acquired the means of preventing some of such diseases by fertilizing the woman’s ovum in a test tube and examining the genes to eliminate the problematic ones. Then it is returned the woman’s womb. The remaining genes [i.e., ova] are destroyed. Is this religiously permissible? Answer: In principle, there is no problem in it. Question: In the process of fertilization in a lab, more than one ovum is fertilized at a time. Secured in the knowkolge that implanting all fertilized ova in the mother’s womb will endanger her life. Is it permissible for us to use only one fertilized ovum and destroy the remaining ones? ``` ## PDF PAGE 194 ```text ..……………………………………………… ٤٩١A Code of Practice For Muslims in the West Answer: It is not obligatory to implant all the fertilized ova in a test tube into the womb. Therefore, it is permissible to use one ovum and destroy the remaining ones. Question: Is it permissible to engage in embellishing the face and the body [of another person]? Answer: It is permissible, provided that one refrains from looking and touching what is haram to look at or touch. AIDS AIDS or Acquired Immune Deficiency Syndrome is a disease that has afflicted, based on ٦٩٩١data, eight million people worldwide and there are about twenty-two million who carry the AIDS virus. The latest data show that one and a half million people have died of AIDS in the year ٦٩٩١only, bringing the total number of those who died of the disease to six million! This was announced by World Health Organization on the International Aids Day on ١December .٦٩٩١ Doctors have identified the following ways in which AIDS is transmitted: Sexual intercourse between members of the same sex or the opposite sex [in which one member is already afflicted]. This represents the most dangerous and widespread method of the spread of AIDS. The chance of transmission through this method is ٠٨٪. ``` ## PDF PAGE 195 ```text ..……………………………………………… ٥٩١A Code of Practice For Muslims in the West Through blood vessels: by transfusion; by injection (especially in the case of drug addicts); by open wounds; and organ transplantation, and even through surgery if the instruments are not properly sterilized. The feotus can be afflicted while in the womb or at the time of birth if the mother is already afflicted with AIDS. The data indicate that this disease has affected all countries and that no nation is immune against it; and that the majority of the victims are male. Diseases that had been eradicated have again started reappearing because of the AIDS epidemic (e.g., pulmonary tuberculosis). Against this background, we presented the following questions to his eminence, Ayatullah Sistani: Question: What is the rule concerning isolating an AIDS patient? Is it obligatory on him to isolate himself? Is it obligatory on his family to isolate him [from the public]? Answer: It is not obligatory on him to isolate himself just as it is not obligatory on others to do so. Indeed, it is not permissible to prevent him from frequenting public places like masjid, etc, as long as there is no danger of infecting the others with the virus. It is, however, obligatory for him as well as others to be careful in situations where there exists certainty or probability of infecting others. ``` ## PDF PAGE 196 ```text ..……………………………………………… ٦٩١A Code of Practice For Muslims in the West Question: What is the rule on intentionally infecting others with the AIDS virus? Answer: This is not allowed. If it leads —even after the passage of time— to the death of the person who has been infected, then the heirs of the deceased have the right of retribution from the person responsible for causing to demand the infecting, provided that the latter was aware that that infection could lead to death; but if he was ignorant of that effect, or unaware of it, at that time, only indemnity (blood money) and penalty would apply. Question: Is it permissible for a person infected with AIDS to marry a person who is free from it? Answer: Yes; but it is not permissible for him or her to mislead the other party by deliberately presenting himself or herself as free from AIDS at the time of proposing while they are not. Similarly, it is not permissible for him or her to become intimate in a way that would infect the other partner. However, if there is only a probability of infection and no certainty, then it is not obligatory for him or her to refrain from intimacy, provided that there is agreement on it. Question: What is the ruling on marriage between two people who are carriers of the AIDS virus? Answer: There is no problem in it. However, if sexual relation between them is bound to worsen the disease to a serious level, it is necessary for them to refrain from it. ``` ## PDF PAGE 197 ```text ..……………………………………………… ٧٩١A Code of Practice For Muslims in the West Question: What is the ruling on the sexual relations of an AIDS patient? Is it permissible for a non-infected person to refuse sexual relation with their spouse because sexual intercourse is one of the main ways of transmitting the virus? Answer: It is permissible for a non-infected wife not to make herself available to her infected husband for intimacy that could lead to infection by the virus. It is indeed obligatory on her to prevent him from such intimacy. If it is possible to lessen the chances of infection to a level that is insignificant —for example, ٢٪— by using condom, etc, it is permissible for her to be intimate with her husband. In such a case, it is, based on precaution, not permissible for her to refuse [intimate relations with her husband]. This clarifies also the case of a husband who is not a carrier of the virus and wife whose: it is not permissible for him to have sexual relations with her in accordance with what sensible people perceive as considerable risk— of being infected by the virus. In such a case, the wife’s right to have sexual relations [at least once] every four months is suspended, except when it becomes possible to adopt methods that would properly prevent infection with the virus. Question: What is the ruling concerning the right of the non- infected spouse in seeking separation? Answer: If deception was involved in the marriage, in the sense that the husband or the wife concealed the fact that they had AIDS at the time of proposing, engagement, so much that ``` ## PDF PAGE 198 ```text ..……………………………………………… ٨٩١A Code of Practice For Muslims in the West the marriage contract (‘aqd) was recited based on that understanding, the deceived party has the right of annulment. However, if the wife or her representative did not say anything about the issue of the disease and the husband assumed that she is free from it, the silence does not count as deception and, it therefore, does not yield the right of annulment. If there was no deception or the disease flared up after the marriage, the non-infected husband has the right to divorcing his infected wife. Does the non-infected wife have the right to ask for divorce from her infected husband on the grounds that she is being deprived of her conjugal rights? There are two views [on this]; precaution should not be ruled out in this case. Of course, if her husband abandons her completely and she becomes like a suspended woman [neither married nor unmarried], it is permissible for her to take her case to the religious judge )١( ١to force her husband to choose one of two courses: either end the abandonment or divorce her. Question: What is the ruling on the divorce of a woman whose husband is AIDS patient? Answer: It has already been mentioned above. ١Translator's Note: "Religious judge" means the mujtahid or someone authorized by him in judicial matters. ``` ## PDF PAGE 199 ```text ..……………………………………………… ٩٩١A Code of Practice For Muslims in the West Question: What is the ruling on abortion for a pregnant woman who is infected with AIDS? Answer: It is not permissible, more so after the soul has entered the feotus. Of course, if continuation of the pregnancy poses a danger to the mother, it is permissible for her to abort it before the entering of the soul in the feotus, but not after it. Question: What is the ruling on the custody of an infected mother with regard to her non-infected baby and also on breast-feeding? Answer: She does not lose the right of custody of her baby; but she must adopt sufficient methods to ensure that the virus does not infect the baby. If it is probable —a considerable probability— that the virus may be transmitted through breast- feeding, it is necessary for her to refrain from it. Question: What is the virus on considering AIDS as terminal illness? Answer: Since this disease lasts long, what can be classified as terminal is its last stage only which is closer to death that is brought about by the disruption and complete destruction of the immune system or the occurrence of fatal nervous breakdown. Question: When a person is diagnosed as having ADIS, is it permissible for the doctor or is it obligatory on him to inform the patient’s relatives, especially their spouse? ``` ## PDF PAGE 200 ```text ..……………………………………………… ٠٠٢A Code of Practice For Muslims in the West Answer: It is permissible to inform them, if the patient or his guardian gives consent. It is obligatory if the survival —for a longer time span— of the patient depends on it. It is similarly obligatory, if he knows that by not informing them, the virus would infect them for not taking necessary precautions. And Allah knows the best. Question: If a Muslim knows that contracted AIDS, is it permissible on him to engage in sexual relations with his wife? Is it obligatory for him to inform his wife about it? Answer: If he knows that the virus can infect her through sexual relations, it is not permissible for him at all. Similarly [it is obligatory on him to refrain from sex] if there exists a considerable level of likelihood [of infection], except in the case where the wife knows about it and agrees to it. ``` ## PDF PAGE 201 ```text ..……………………………………………… ١٠٢A Code of Practice For Muslims in the West Introduction The Islamic legal system regulates the relationship between members of the opposite sex covering its various important aspects and expanding on its details. That is because it is an important need of the human race and many issues relating to the individual and society are based on it. There are many rules concerning the relationship between man and woman. Yet, I shall confine myself only to the ones that are relevant to Muslims residing in non-Muslim countries. ``` ## PDF PAGE 202 ```text ..……………………………………………… ٢٠٢A Code of Practice For Muslims in the West General Rules Marriage is among the highly recommended deeds. The Prophet has said, “Whosoever marries, he has protected half of his religion.” )١(١He also said, “Whoever likes to follow my tradition, then [he should know that] marriage is of my tradition.” )٢( ٢In another hadith, he said, “No Muslim man has gained a benefit besides Islam better than a Muslim wife who is a source of his pleasure whenever he looks at her, who obeys him when he commands her, and remains faithful to him when he is away.” )٣( ٣ Man should give importance to the qualities of the woman he would like to marry. He should not marry except a woman who is chaste, honourable, of good lineage, and righteous. She should be a source of help to him in the affairs of this world and the hereafter. an should not confine his choice to the woman’s physical beauty and wealth. It has been narrated from the Prophet (s.a.w.) that he said, “O People! Beware of the green grass [growing] in a waste site.” Someone asked, “O Messenger of ١Wasa'ilu 'sh-Shi'a, vol. ,٠٢p. .٧١ ٢Ibid, p. .٨١ ٣As-Sistani, Minhaju 's-Saliheen, vol. ,٢p. .٧ ``` ## PDF PAGE 203 ```text ..……………………………………………… ٣٠٢A Code of Practice For Muslims in the West Allah! And what is the green grass in a waste site?” He replied, “A beautiful woman in an evil environment.” )٤(١ The woman and her guardians should give importance to the qualities of the man she chooses to marry. She should not marry except a man who is religious, chaste, of good character, not a drunkard or someone who commits sins and evil deeds. It is better not to reject the proposition of a man who is religious and of good character. The Prophet has said, “When a man whose religion and character pleases you comes to you [with a proposition], then marry him. If you do not do so, there will be chaos and a great corruption in the world.” )٥( ٢ It is mustahab (recommended) to work in getting people married, in being intermediary, and in bringing the two parties to an agreement. It is permissible for a man to look at the attractive features of the woman he intends to marry. Similarly, it is permissible to talk to her before proposing. So, it is permissible to look at her face, hair, neck, hands and wrists, and legs and other parts of her body, provided that he does not so without sexuall gratification. (See the question-answer section below.) ١Wasa'ilu 'sh-Shi'a, vol. ,٠٢p. .٥٣ ٢At-Tusi, Tahdhibu 'l-Ahkam, vol. ,٧p. .٥٩٣Also see the chapter on compitability in marriage in the same book, p. ٤٩٣ff. ``` ## PDF PAGE 204 ```text ..……………………………………………… ٤٠٢A Code of Practice For Muslims in the West In Islamic law, marriage is of two kinds: permanent and temporary. Permanent Marriage means the marriage in which there is no fixed time. The wife in this marriage is known as “the permanent wife”. )٦(١ Temporary Marriage means the marriage in which the time limit is fixed to a year or more or less. The wife in this marriage is known as “the temporary wife”. )٧( ٢ The formula for solemnizing the permanent marriage is as follows: The woman says to the man: “Zawwaj-tuka nafsi bi mahrin qadruhu x — I give myself to you in marriage for the marriage gift which is x.” (In place of “x” mention the agreed marriage dowry [mahr].) The man immediately says, “Qabiltut tazweej — I accept the marriage.” The formula for solemnizing the temporary marriage is as follows: The woman says to the man: ““Zawwaj-tuka nafsi bi mahrin qadruhu (x) li muddati (x) — I give myself to you in marriage for the dowry of (x) for the time period (x).” (In place of first “x” mention the agreed mahr and in place of the second “x” mention the agreed time.) The man immediately says, “Qabiltut tazweej — I accept the marriage.” ١For more information on marriage and its laws, see Sayyid 'Izzu 'd-Din Bahru 'l-'Ulûm, az-Ziwaj fi 'l-Qur'an wa 's-Sunnah. [Also see Sayyid Muhammad Rizvi, Marriage and Morals in Islam.] ٢For more information on temporary marriage and its laws, see Sayyid Muhammad Taqi al-Hakim, az-Ziwaju 'l-Muwaqqat wa Dawruhu fi Halli Mushkilati 'l-Jins. ```