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Volume :21 Issue : 67 2006      Add To Cart                                                                    Download

Separation of two married Couples due to contagious disease in Islamic Fiqh and Kuwaiti Personal law

Auther : Dr. Fahd Sad Faleh AL-Dees AL-Rasheedi*

 

In the name of Allah , Praise be to Allah and prayers and peace be upon the Messenger of Allah.

Contagious diseases are illnesses caused by infection from human to human or from man to animal or from animal to animal or from human and animal environment directly or indirectly.

Nowadays contagious diseases are varied too much to count. There are various forms,

Causes and means of catching and spread. Man may not carry the viruses which cause diseases or man may carry viruses without showing symptoms of the disease, after it has settled in his body.

Scholars of Fiqh have different views in allowing separation between two married couples, based on a case of a    leprosy disease where one of the couples caught the disease.They came out with three opinions, the most likely one: the option of demanding separation by either husband or wife, is approved.

Those who held this opinion approved this option even if the infection occurred after

  Signing the marriage contract or after getting married and the husband caught the disease. They differed in opinion concerning the wife catching the disease. Contemporary contagious diseases can be taken by analogy to leprosy disease which scholars mentioned as causing health harm and psychological injury.

The infectious disease which permits optional separation of the married couples of those kinds which actually cause psychological and physical harm. They should also be chronic diseases or diseases which last long time causing harm to the other spouse.

 In this case they should be referred to a specialized medical party.

 

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