Praise be to Allah.
Firstly:
We ask Allah, may He be exalted, to heal your husband and grant him well being.
Our advice to you is to be patient in bearing this calamity and to stand by your husband’s side and strive to find ways of treating this disease and reducing the possibility of the sickness being passed to you or your children.
Secondly:
If it is not possible to avoid contagion with the disease and the doctors are certain that it is contagious, it is permissible for you to ask for a divorce so as to avoid harm. At-Tirmidhi (1187), Abu Dawood (2226) and Ibn Maajah (2055) narrated from Thawbaan (may Allah be pleased with him) that the Messenger of Allah (blessings and peace of Allah be upon him) said: “Any woman who asks her husband for a divorce when it is not absolutely necessary, the fragrance of Paradise will be forbidden to her.” This hadeeth was classed as saheeh by al-Albaani in Saheeh at-Tirmidhi.
The words “when it is not absolutely necessary,” mean: when there is no case of hardship that would make her resort to asking for divorce.
Shaykh Ibn ‘Uthaymeen (may Allah have mercy on him) said: If the one who has contracted a contagious disease is not allowed to have any contact with people, then contact with his wife is more likely to be disallowed, i.e., the wife has the right to ask for divorce and is entitled to do so. End quote.
Al-Liqa’ al-Maftooh, 74/13.
And Allah knows best.
Comment