Wants to marry a divorced woman who is sick with AIDS
18-4-2010 | IslamWeb
Question:
AS SALAAM ALAIKUM,
KINDLY GUIDE ME ,AM MAKING DAWAH IN A NONE MUSLIM COUNTRY WEWHERE ISLAAM IS SO STRANGE BUT BY THE MERCY OF ALLAH WE HAVE MANAGED TO CONVERTS THOUSANDS OF THEM TO ISLAAM OF THOSE WHOM WE HAVE CONVERTED,WE USED TO ENCOURAGE TO MARRY ONEANOTHER,WE STOOD FOR THEM AS THEIR PARENTS SINCE SOME ARECHASED OUT OF HOME AFTER EMBRAC ING ISLAAM, TWO OF THESE CONVERTED MUSLIMS WE MARRIED TOGETHER AL HAMDULLILLAH THEY HAD ONE CHILD AFTER THE CHILD THE HUSBAND LEFT THE JOB WITHOUT ANY REASON WE TRIED TO PERSUADE HIM TO GET A JOB IN OTHER TO SUPPORT IS FARMILY SINCE HIS WIFE IS COMPLANNING TO US,AFTER A WHILE THEY STARTED FIGHTING BECAUSE THE WIFE IS WORKING NOW WHILE THE HUSBAND REFUSE TO LOOK FOR JOB,WE USE TO SETTLE THEIR DISPUTES UNTIL WE GOT A JOB FOR THE HUSBAND ALSO BUT THESE DID NOT STOP THEIR FIGHT UNTIL THE HUSBAND TOLD US THAT THE WIFE HAS LEFT HOME FOR MORE THAN ONE WEEK TO HER FARMILY HOME, WE CALLED THEM TOGETHER THOSE OF US WHO ARE SHEIKHS,WE SAT WITH THEM THREE SITTING TO PERSUADE THE WIFE TO GO BACK BUT SHE DID NOT SHE SAID SHE NEED A RELEASE [ KHUL'U ] FROM THE HUSBAND,BECAUSE HAS BEEN MALTREATED EMMOTIONALLY BY THE HUSBAND AND THAT SHE FEARS THAT SHE WILL GO OUT OF THE WAY IF SHE STAYS WITH HIM AND SHE DOES NOT LOVE HIM AGAIN WE TRIED ALL OUR BEST BUT SHE REFUSED,WE ASKED THE HUSBAND TO GO TO HER FARMILY HOUSE MAYBE THEY WILL SOLVE IT ,HE DID THAT BUT THE WIFE SAID TO HER FARMILY THAT SHE CANNOT STAY WITH HIM AGAING,THEN THE HUSBAND REFUSED TO DIVORCE HER, SHE THEN CAME TO US AGAIN,THEN WE TOLD HER THAT WE CANNOT DO ANYTHING BUT WE ADVICE HER THAT SHE MUST PLEAD TO HIM,THE HUSBAND REFUSE AND LATTER HE RELEASED HER WITH ANGER,AFTER ALL THESE THE HUSBAND STOP COMING TO OUR GATHERINGS BECAUSE HE FELT WE HAVE NOT DONE ENOUGH,THE WIFE TRIED TO REMARRIED TO SAVE HERSELF FROM ADULTERY BUT SHE FOUND NO ONE TO MARRY HER,NOW SHE TURNED TO ME, CAN I MARRY HER TO SAVE HER FROM ADULTERY?SHE IS HIV/AIDS POSITIVE,AM MARRIED WITH TWO WIFES.THANKS.
Answer:
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad 
is His slave and Messenger.
First of all, we ask Allaah to reward you and make you successful in your call to Islam, as He is All-Hearer and Responsive.
We have already issued Fatwa 86070 clarifying that it is permissible for a man who is in sound health to marry a woman who is sick with AIDS if he knows that and agrees to it.
However, there is a problem here, which is that you already have two wives and they might be harmed by you marrying this sick woman [i.e. the disease could be transmitted to them]. So, if both of them agree that you marry that woman with her deficiency [disease] and you are able to be just between them, then it is permissible for you to marry her. For more benefit, please refer to Fatwa 90593.
We would like to point out to some matters that are mentioned in the question:
1- If a Muslim woman has no Muslim guardian, the one who marries her off is the Muslim judge, or any authority that may act on his behalf like the Islamic Centers in non-Muslim countries.
2- If a woman is harmed by staying with her husband, she has the right to ask for divorce or Khul’ and if it is confirmed that the harm is initiated from the side of the husband, then he has no right to seek compensation in return for divorce.
3- You should take care of that man and encourage him to attend the lectures of knowledge so that his commitment to his religion will not be negatively affected.
Allaah Knows best.