Can a wife do Faskh Nikah if her husband has Aids

CategoriesDivorce [570]

Fatwa ID: 01795

Answered by Molana Ishaaq Hussain

Question:

If a person is affected by AIDS, is the any way for his wife to do faskh nikah, what should his wife do?

Answer:

Bismillah

An annulment of marriage can be effected in any of the following situations:

1.    The husband is missing completely

2.    The husband is absent with no known whereabouts

3.    The husband is incapable of maintaining his wife

4.    The husband is unwilling to maintain his wife

5.    The husband oppresses the wife such that he does not fulfil her rights

6.    The husband is castrated

7.    The husband is impotent

8.    The husband is insane

9.    The husband is afflicted with leprosy or any other illness which makes living with him difficult

10. The choice of an immature when he/she attains maturity

11. Husband or wife become apostate

12. Foster relationship which only becomes known after Nikah

(The complete System of Divorce p.213)

From the above situations mentioned above, we understand that if the husband has such a illness which makes it difficult to live with him (such as HIV/AIDS) then it will be permissible for the wife to get her marriage annulled by a shar’ee council.

The contact number for the Sharee council in Birmingham is the following

Fiqh Council Birmingham, 115 Station Road, Kings Heath, Birmingham, 
B14 7TA

Telephone

07858 344378

Email

info@fiqhcouncilbirmingham.com

Only Allah Knows Best

Written by Molana Ishaaq Hussain

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham.

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