skills/sistani-guidance/references/books/west/pages-193-204.md

# A Code of Practice for Muslims in the West

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## PDF PAGE 193

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..……………………………………………… 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

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..……………………………………………… 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

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..……………………………………………… 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

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..……………………………………………… 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

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..……………………………………………… 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

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..……………………………………………… 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

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..……………………………………………… 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

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..……………………………………………… 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

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..……………………………………………… 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

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..……………………………………………… 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

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..……………………………………………… 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

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..……………………………………………… 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.
```