Q. I am sending this
mail on behalf of the Central Islamic Organization of Guyana regarding some
information on the Islamic perspective on HIV / AIDS. What is the position of
Islam on the treatment and curbing of the disease, and what solution does Islam
offer to world on this issue?
A. The question, my
dear brother, is extremely delicate, and not knowing your background, I implore
you to understand the finer points involved here. My answer is not meant
to be condescending in any way, but just to clear the air, often an answer is
given to a question that seemingly has one dimension, when in fact the question
has several that the one being asked might miss. On the issue of AIDS, while it
has been established that this is prevalent amongst homosexuals, it is by no
means restricted to them. Therefore, the issue of AIDS treatment has nothing to
do with homosexuality. The issue of premarital sex has also been blamed for the
rapid spread of AIDS, but the empirical evidence no longer supports this
contention, for in places like Africa, etc., blood transfusion and transfer
between spouses, or by inherited genetics, show that AIDS is likely to occur in
any scenario.
You will notice that I am
pinpointing homosexuality throughout, for many jurists view that AIDS is God's
punishment for homosexuality and premarital sex, evidencing the decadence of
the world. However, considering that the disease is rampant in Africa, whereas
premarital sex and homosexuality are more predominant in the West, does not do
justice to God's wisdom. This is not to deny that there is a relation, but in
Islam we must have absolute proof. How does Islam see the curbing of the
situation? Let us examine the ways that the disease is transmitted:
(1) Intercourse (heterosexual and homosexual)
(2) Parental transfer to the fetus
(3) Blood transfusions
(4) Use of infected needles
It is possible that there are
more, but I am only doing a cursory analysis. On issue (1), Islam advocates
abstinence before marriage, and on the issue of homosexuality, is clear in
terms of the institutional prohibition. But as we have indicated, the transfer
can occur between spouses, which means that as much as
possible, from an Islamic perspective, a prospective spouse has the right to
demand that her / his mate be tested. This is the norm in some states, and it
seems like a healthy practice. Given the minimal expense involved, the
governments of Islamic countries can incorporate this as a government service.
In Islam this would be the duty of the community, which is among the
allocations of zakat.
On issue (2), adequate medical
checkups would keep this to a minimum. On issue (3), based on
the scandals in Canada and the U.S, now there are stringent tests to ensure
that there is no such possibility. On issue (4), Islam definitely
prohibits drug usage, and the concomitant sharing of paraphernalia. Yet,
sharing of needles could occur in non-drug abuse situations, such as in poorer
countries, where syringes are used under conditions of poverty to administer
needed medication. In this case, the onus is on the richer Muslim countries to
contribute to humanity by aiding in hospital equipment, etc. The United States
does this under the aegis of humanitarian aid. This is because I feel that in
our global village, Islam cannot see itself as only a religion for ritual
purposes -- the Muslim countries with their oil revenues owe a duty to God to
use their riches for the benefit of humankind, and this involves working with
humanitarian medical agencies throughout the world.
There
is no taboo on treating the disease, even if one establishes that it has been
acquired by committing sinful acts. Once again, the mercy of Islam
differentiates between the act and the disease. Islamic logic would dictate
that we take strong steps towards educating our youth in the ways by which HIV
is acquired, and therefore preach abstinence, and for marriage, exhort towards
spouses (or future spouses) stipulating medical examinations. I do not feel
(and this is my personal interpretation) that we should refuse to treat those
who have acquired the disease by "sinful means." The sinner's
business is with God; our business is to treat the patient, hoping that a cure
will bring about repentance.
On the issue of punishment for homosexuality and whatever
is related thereto, please note that the Qur'an never specifies a punishment to
be meted out. As such, if it is a sin, then we leave it to God and those who
commit the act. Note too that the Qur'an specificies
that such acts, even when there is some sort of punishment suggested, (Q4:16 aadhu huma -- does
not specify exactly what is to be done), it is in a situation where four people
can testify, indicating that there was lewdness involved. Since Islam does not
order us to go breaking down doors to find out what is going on, the four
witnesses must therefore have seen the act occurring in a public setting. As
such, regardless of the type of sex being homosexual or heterosexual, indeed
even between married couples, the infliction of ta'zir
would be required on such perpetrators, i.e., discretionary discipline by the
authorities. Once again, our concern therefore is not with the act of private
consenting parties, or to issue judgments against those who cannot legally be
condemned since they have committed no public crime; our priority is to treat
the ill. Wallahu A'alam.
Posted February 21, 2004