Question: What is the Shariah status of a disease being contagious? Is it correct to believe that a disease passes from one person to another? Is taking preventive measures before getting sick unlawful (haram) in Shariah? Also, is it permissible to marry a person with a contagious disease based on Taqwa (piety)?
Answer:
Alhamdulillah:
In recent days, a disease spreading from China attributed to the name “Corona Virus” is spreading very fast. Finding the causes and cure for the virus is the job of doctors, but the issue under discussion among us is the transmission of this virus from one person to another and adopting preventive measures to avoid it. That is, some people say that like many other diseases, this disease is also contagious and transfers from one person to another, while some people say that no disease is contagious because there are clear Hadiths of the Prophet (peace be upon him) stating that contagion has no reality and a disease does not transfer from one person to another. Meanwhile, science states the contrary; science says that many diseases are contagious. In today’s session, we will Insha’Allah clarify this issue.
First, we mention the Hadiths that state no disease is contagious.
Narrated by Hazrat Abu Hurairah (may Allah be pleased with him), the Messenger of Allah (peace be upon him) said:
لاَ عَدْوَى وَلاَ طِيَرَةَ، وَلاَ هَامَةَ وَلاَ صَفَرَ،
"There is no transitive disease, no evil omen, no Hama (owl believed to bring bad luck), and no Safar (month believed to be unlucky)."
(Sahih Al-Bukhari, Medicine, Chapter: La Hama, Hadith: 5757)
And in Sahih Muslim, the words are as follows:
لَا عَدْوَى، وَلَا طِيَرَةَ، وَلَا هَامَةَ، وَلَا صَفَرَ، وَلَا نَوْءَ، وَلَا غُولَ، وَلَا يُورِدُ مُمْرِضٌ عَ
"There is no transitive disease, no evil omen, no Hama, no Safar, the belief in the influence of stars is false, and Ghoul (ghosts/demons) have no existence..."
(Sahih Muslim | Book: As-Salam | Chapter: La Adwa wa la Tiyarah… 2222)
In these Hadiths, four things have been negated, which are as follows:
Adwa, meaning Contagious Disease
First, understand that “Adwa” refers to the transfer of an illness from a sick person to a healthy person. That is, if a disease transfers from one person to another due to mixing with them, it is called contagion/infection. In the Hadiths mentioned above, the Prophet (peace be upon him) negated this, stating that no disease is contagious.
Clarification of the Mentioned Hadiths
These four things which the Messenger of Allah (peace be upon him) negated actually point towards the obligation of Tawakkul (reliance) on the Pure Being of Allah and firm resolve. All these things guide us to the fact that a Muslim should not show weakness in front of such matters. A Muslim bondman should not pay any attention absolutely to the motives of these matters and should rely and trust only the Pure Being of Allah Almighty in every condition.
Some people open the Quran to draw omens; if their eyes fall on the word “Hell,” they say this omen is not good, and if their eyes fall on the word “Paradise,” they say this omen is good. In reality, this act is just like the practice of determining fate through arrows in the Days of Ignorance (Jahiliyyah). The negation of these four matters does not mean the negation of their existence, because they do exist; rather, it means the negation of their influence (Taseer), because the One who influences is the Being of Allah Almighty. Among them, whatever cause is known is a valid cause, and whatever cause is imaginary is void. The negation of influence is the negation of its self-efficacy and the effectiveness of causality itself.
Meaning, the existence of a disease being contagious is present and is proven by the Hadiths of the Prophet (peace be upon him) himself, but the negation is that no disease is contagious by itself. If Allah wills, it will affect someone, and if He does not will, it will not.
Like medical science, Islam also encourages prevention from diseases and does not deny the contagious nature of diseases.
Abu Hurairah (may Allah be pleased with him) narrates that the Messenger of Allah (peace be upon him) said:
لَا يُورِدَنَّ مُمْرِضٌ عَلَى مُصِحٍّ
Translation: “No one should take their sick camels to someone else’s healthy camels.”
(Sahih Bukhari Hadith No-5771)
(Sahih Muslim Hadith No-2221)
In another Hadith, the Prophet (peace be upon him) said:
وَفِرَّ مِنَ الْمَجْذُومِ كَمَا تَفِرُّ مِنَ الْأَسَدِ
Translation: “Flee from the leper as you flee from a lion.”
(Sahih Bukhari Hadith No-5707)
Sayyiduna Abdullah bin Abbas (may Allah be pleased with them) narrates that the Prophet (peace be upon him) said:
لَا تُدِیْمُوْا اِلَی الَمَجْذُوْمِیْنَ النَّظْرَ
“Do not prolong your gaze at lepers.”
(Sunan Ibn Majah Hadith No-3543)
Not only this, but to avoid the germs of the leper’s disease, the Prophet (peace be upon him) emphasized speaking to them from a distance of one spear.
It is in the Hadith that the Messenger of Allah (peace be upon him) said:
لَا تُدِيمُوا النَّظَرَ إِلَى الْمُجَذَّمِينَ، وَ إِذَا كَلَّمْتُمُوهُمْ فَلْيَكُنْ بَيْنَكُمْ وَبَيْنَهُمْ قِيدُ رُمْحٍ
Translation: “Do not prolong your gaze at lepers, and when you speak to them, there should be a distance of one spear between you and them.”
(Musnad Ahmad Hadith No-581)
(This Hadith is weak)
This is perhaps because when a person speaks, droplets of saliva are emitted from their mouth which contain many disease germs. When these fall upon the addressee, they can afflict the addressee with the disease as well.
Although the narration of Musnad Ahmad is weak, the Prophet’s (peace be upon him) own action is present in a Hadith, that he (peace be upon him) did not like closeness with a leprosy patient and sent him back from a distance.
Imam Muslim (may Allah have mercy on him) has narrated from Amr bin Sharid, who narrates from his father that:
“In the delegation of the tribe of Thaqif, there was a man suffering from leprosy. The Prophet (peace be upon him) sent a message to him saying:
إِنَّا قَدْ بَايَعْنَاكَ، فَارْجِعْ
‘We have accepted your pledge of allegiance, so return.'”
(Sahih Muslim Hadith No-2231)
Ibn Qayyim (may Allah have mercy on him) says:
“The Prophet (peace be upon him) sent the message of allegiance to this leper because fleeing from the causes of harm and detestable things is prescribed (mashroo), and a bondman should not expose himself to causes of trial and tribulation.”
(See Miftah Dar al-Sa’adah 2/272)
Meaning, the leper who came to pledge allegiance, the Prophet (peace be upon him) sent him back from afar, saying your pledge is done, go back, so that safety from the causes of his illness could be maintained. Meaning, caution was adopted that if he came close, it is quite possible his disease could become a cause for making us sick.
And then, it is not just about staying away from a sick person, but traveling towards areas with certain contagious diseases where an epidemic has spread is also forbidden.
The Prophet (peace be upon him) said:
إِذَا سَمِعْتُمْ بِالطَّاعُونِ بِأَرْضٍ فَلَا تَدْخُلُوهَا ، وَإِذَا وَقَعَ بِأَرْضٍ وَأَنْتُمْ بِهَا فَلَا تَخْرُجُوا مِنْهَا
Translation:
“If you hear of a plague in a land, do not enter it; but if it breaks out in a land where you are present, do not leave it.”
(Sahih Bukhari Hadith No-5728)
To stop the spread of an epidemic disease like the plague, the Prophet (peace be upon him) forbade traveling towards that land, and if someone is already there, they should not leave there to go to another area, so that the disease does not transfer with them to another area, and also so that reliance (Tawakkul) and trust in Allah remain established.
From all these Hadiths, it is proven that some diseases are contagious, from which it is necessary to exercise caution.
Despite the emphasis of all the above Hadiths regarding the contagiousness of disease and avoiding it, there are still many people today who do not believe in the contagiousness of disease, and for them, exercising caution against diseases is as if it were an un-Islamic act.
The Hadith of Sahih Bukhari mentioned above:
لا عدویٰ
“(There is no reality to contagion)”
(Sahih Bukhari-5757)
This absolutely does not mean that contagion is nothing. Because if “La Adwa” really means this, then modern medical science is proving this Hadith wrong, and Sahih Hadiths can never be proven wrong; this is our faith.
In the explanation of this Hadith in Riyad as-Salihin, Volume 2, Page 418, it is written that “Regarding some diseases considered infectious (contagious), their contagious nature is not denied, but attention is drawn only towards the correctness of belief: that in this matter, the real factor should be understood as the Will of Allah, not the disease itself.”
Some scholars have deduced from “La Adwa” that diseases are not contagious and that the concept of them being contagious is un-Islamic. But this deduction is not correct. In reality, it refutes the ignorant concept of disease transmission. This world is a world of causes and effects. Therefore, it cannot be denied that every event here surely has some cause. Allah Almighty has placed this characteristic in some diseases that their germs spread rapidly, and whatever living being comes in their range, they attack it. When a person is afflicted with such a disease, those sitting, standing, and mixing with him need caution. If there is no caution, they can also be engulfed by it. But it is human foolishness to consider material causes as everything and forget the reality that causes and their results are both bound by the Will of Allah; if He does not will, nothing can happen. The meaning of the Hadith (La Adwa) is that illness is not contagious per se (by itself), but if it afflicts someone, it is by the command of Allah.
The Messenger of Allah (peace be upon him) did not deny causes and effects. The proof that the Messenger of Allah (peace be upon him) did not deny disease being contagious is found in another Hadith where he clearly mentioned the disease being contagious.
It is stated:
لا یوردن ممرض علی مصحح
Translation: “Do not take a sick camel to a healthy camel.”
(Sahih Muslim-2221)
In view of this very Hadith, medical science talks about “Isolation.” In this, patients suffering from contagious diseases are kept isolated from common people. The emphasis on keeping sick animals separate from healthy animals was made so that the disease does not spread among them as well.
The Commentator of Muslim, Imam Nawawi (RA), states:
“Both these Hadiths are authentic. There is no contradiction between them. The first Hadith refutes the belief and idea of the Days of Ignorance where people thought that Allah had no hand in the spread of diseases, but rather they spread on their own.
But it does not deny that harm comes from contagious diseases under the decision of Allah. In the second Hadith, instruction is given to avoid things that generally cause harm under the Will and decision of Allah Almighty. This is the school of thought of the majority of scholars (Jamhoor) and this is what should be adopted.”
(Sharh Muslim by Nawawi)
The meaning is that the Hadith does not negate the disease being contagious. Rather, it forbids considering the disease itself as the real cause. That is why there is instruction to stay away from contagious diseases. Regarding the “La Adwa” Hadith, these points and this explanation seem reasonable. Because according to this, no contradiction is seen between medical science and Islam. Because the foundation of today’s medical science stands on Prophetic Medicine (Tib-e-Nabawi). And medical science is presenting to us the very things after research that were mentioned centuries ago in the Quran and Hadiths.
And in the Hadith, the command to flee from the leper and not to go to plague-stricken areas was given so that the disease does not spread further. In this Hadith too, the affirmation of the disease being contagious is due to it being effective, but its influence is not a definitive matter that it is the sole active cause. Therefore, the command the Prophet (peace be upon him) gave to flee from the leper and not to bring sick camels near healthy ones is from the chapter of avoiding causes, not from the category of the intrinsic influence of causes.
As is the saying of Allah Almighty:
وَلا تُلقوا بِأَيديكُم إِلَى التَّهلُكَةِ..
(Surah Al-Baqarah, Verse No-195)
"And do not throw [yourselves] with your [own] hands into destruction."
Therefore, it cannot be said that the Prophet (peace be upon him) denied the influence of Adwa (contagion) because factual reality and other Hadiths prove this notion false.
If it is said that when the Messenger of Allah (peace be upon him) said: لَا عَدْویٰ “No disease is contagious,” a person submitted: “O Messenger of Allah (PBUH)! Camels are like deer (healthy) in the desert, but when a mangy camel comes to them, they also get mange.” Then the Prophet (peace be upon him) said:
«فَمَنْ اَعْدَی الْاَوَّلَ»
“Who infected the first one?”
(Sahih Al-Bukhari, Medicine, Chapter: La Safar, Hadith: 5717)
The answer to this is that by saying (فَمَنْ اَعْدَی الْاَوَّلَ) “Who infected the first one?”, the Prophet (peace be upon him) pointed to the fact that the disease transferred from the sick camels to the healthy camels through the planning of Allah. The illness descended upon the first camel from Allah Azza wa Jal without a contagious form. Sometimes a cause for a thing is known, and sometimes the cause is unknown, just as no cause is known for the first camel’s mange except Divine Decree, whereas the cause for the mange of the subsequent camel is known.
Now, if Allah Almighty willed, mange would not have afflicted it (the second camel). Sometimes it so happens that camels get mange and then it ends, and the camels do not die from it.
Similarly, there are some contagious diseases like plague and cholera that enter a house; they engulf some, and they pass away, while other individuals remain safe from them; nothing happens to them. Thus, a human should rely and trust Allah Almighty in every condition. And the practical method to maintain this trust is also proven from the Prophet (peace be upon him).
It is narrated from Jabir (RA) that the Messenger of Allah (peace be upon him) took the hand of a leper and put it in the eating vessel with him and said:
كُلْ ثِقَةً بِاللَّهِ وَتَوَكُّلًا عَلَيْهِ
“Eat with confidence in Allah and reliance (Tawakkul) upon Him.”
(Sunan Tirmidhi Hadith No-1817)
(Sunan Ibn Majah Hadith No-3542)
(Sunan Abu Dawood Hadith No-3925)
(This narration is weak)
(Chain contains Mufaddal Basri who is a weak narrator)
(Clarification: Scholars say that he did this to show those people who are strong in their faith and reliance (Tawakkul), and who exercise patience over disliked matters and leave it to Destiny (Qada o Qadr). That is why for those who cannot have patience over disliked matters and feel fear regarding themselves, he said regarding them: “Flee from the leper as you flee from a lion.” Thus, avoiding and shunning such people is recommended (Mustahabb), but not obligatory (Wajib), and eating and drinking with them is to explain permissibility (Jawaz), that if someone eats and drinks with them while relying on Allah, it is not forbidden.)
Meaning, eat the food which the Messenger of Allah (peace be upon him) was consuming, because the Prophet’s (peace be upon him) reliance on the Pure Being of Allah was very strong, and this reliance acted as an antibiotic to combat contagious causes.
But this does not mean that a person should become so content with reliance and destiny that they do not even get treated for the disease. As mentioned above, this is for permissibility; if one avoids it, that is correct.
According to the teachings of the Prophet (peace be upon him), it is wrong for a person to refrain and not get treated considering diseases as destiny.
He (peace be upon him) said: Just as illness is a destiny, similarly getting treated for it is also destiny. A Bedouin asked the Prophet (peace be upon him):
يَا رَسُولَ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ أَلا نَتَدَاوَى
Meaning: “O Messenger of Allah (peace be upon him), should we not get treated?” He (peace be upon him) said:
نَعَمْ ، يَا عِبَادَ اللَّهِ تَدَاوَوْا ، فَإِنَّ اللَّهَ لَمْ يَضَعْ دَاءً إِلا وَضَعَ لَهُ شِفَاءً
Meaning: “Yes! O servants of Allah, treat yourselves, for indeed Allah has not created a disease except that He has also created a cure for it.”
(Musnad Ahmad Hadith No- 18454)
Sahih
There is another narration in Musnad Ahmad and Tirmidhi that Abu Khuzamah (may Allah be pleased with him) asked the Prophet (peace be upon him) regarding medical treatment, asking if treatment can change Allah’s destiny. The Prophet (peace be upon him) said:
”هِيَ مِنْ قَدَرِ اللَّهِ”
Meaning: “This (treatment) is also from the decree (Qadar) of Allah.”
(Sunan Tirmidhi Hadith No-2065)
(Musnad Ahmad Hadith No-15472)
This narration is also weak in terms of its chain.
(Clarification: Meaning, the ability to undergo treatment is according to Divine Decree, so one should adopt means, but one should not believe that they change destiny, because Allah does not change His decision.)
It appears in history that in the year 18 Hijri, during the Farooqi Caliphate, a dangerous and fatal plague epidemic spread in the village of Amwas in Syria, due to which thousands of Companions passed away. Historians have counted this as a significant event of the Farooqi era. Many senior Companions passed away in it, including Abu Ubaidah bin Jarrah, Muadh bin Jabal, Yazid bin Abi Sufyan, Harith bin Hisham, and Suhail bin Hisham (may Allah be pleased with them all).
Hazrat Umar (may Allah be pleased with him) was traveling towards Syria when he learned on the way that the plague had spread there. After consulting with the Companions (may Allah be pleased with them all), Hazrat Umar (may Allah be pleased with him) postponed the program of going there. When Abu Ubaidah (may Allah be pleased with him) found out, he objected, saying: “O Commander of the Faithful! Are you fleeing from the decree of Allah?” Hazrat Umar (may Allah be pleased with him) replied: “Yes, we are fleeing from one decree of Allah towards another decree of Allah.”
(Meaning, if the spread of the plague is Allah’s decree, then fleeing from it and adopting precautionary measures is also from Allah’s decree.)
(Tabaqat Ibn Sa’d, Vol 2, Page 85)
(Tarikh Ibn Khaldun, Vol 3, Page 222)
This is the ideology of Islam: that Allah Almighty has written both the cause and the effect in destiny. Therefore, sitting idle considering diseases as destiny and not getting treated is against the teachings of Islam.
Therefore, the best form of reconciliation (Tatbiq) among all the Hadiths mentioned above is what we have stated: It is correct that many diseases are contagious, so every possible measure should be taken to avoid these diseases. And the Hadiths wherein the contagious nature of diseases is negated mean that the disease does not possess independent power to afflict someone; rather, whomever it afflicts, it does so by the command of Allah. Similarly, while having reliance (Tawakkul) and trust, it is permissible to mix, eat, and drink with a person having a contagious disease, but if caution is exercised, it is better, so that one remains safe from the disease.
Some scholars have also claimed abrogation (Naskh) in this regard, but according to our knowledge, this claim is not correct. Because one of the necessary conditions for abrogation is that reconciliation between both types of Hadiths is difficult; however, if reconciliation is possible, then it is obligatory to reconcile them. If looked at in reality, acting upon both arguments is achieved this way, whereas in the case of abrogation, one argument must be considered void, and acting upon both is better than declaring one void. For this reason, we have declared both arguments reliable and worthy of being proof.
(And Allah knows best)
A Fatwa of this nature has been cited on a Saudi Fatwa website; please observe it.
Question:
What is the ruling if a Muslim woman wants to marry a person suffering from the contagious disease “Herpes”? That person is suffering from a sexually transmitted disease but there is no issue with him religiously and ethically. Mistakes were committed by him in his early youth, and later he repented and did not practice it again. If I marry him on religious grounds and we continue to obey and submit to Allah, will Allah keep me safe from this disease?
Answer from Saudi Mufti:
Alhamdulillah:
It is established in Shariah that a Muslim person should avoid putting himself in trouble, and mixing with a patient of a contagious disease is included in this, especially if this disease is dangerous and chronic, for example, AIDS and Herpes, etc.
Islamic Shariah has addressed everyone among the sick and the healthy,
As it is mentioned in the following Hadith:
Abu Hurairah (may Allah be pleased with him) narrates that the Messenger of Allah (peace be upon him) said:
” لَا يُورِدَنَّ مُمْرِضٌ عَلَى مُصِحٍّ ”
“The owner of sick camels should not bring his camels to the one with healthy camels.”
Sahih Muslim Hadith No (2221)
Mumrid: One with sickness or sick camels.
Musih: Owner of healthy camels.
The meaning of the Hadith is that the one with sick camels should not take his camels to the one with healthy camels so that the contagious disease does not transfer to them as well.
And addressing the healthy person, the Prophet (peace be upon him) said:
” وَفِرَّ مِنَ الْمَجْذُومِ كَمَا تَفِرُّ مِنَ الْأَسَدِ ”
“Flee from the leper as you flee from a lion.”
(Musnad Ahmad Hadith No-9429)
Allama Albani (may Allah have mercy on him) has declared it Sahih in Sahih Al-Jami Hadith No (7530).
The contagious nature of the disease of leprosy is well known. May Allah Subhanahu wa Ta’ala bless everyone with safety and well-being.
And Imam Muslim (may Allah have mercy on him) has narrated from Amr bin Sharid, who narrates from his father that:
“In the delegation of the tribe of Thaqif, there was a man suffering from leprosy. The Prophet (peace be upon him) sent a message to him saying: ‘You have pledged allegiance to us, so return.'”
(Sahih Muslim Hadith No- 2231)
Ibn Qayyim (may Allah have mercy on him) says:
“The Prophet (peace be upon him) sent the message of allegiance to this leper because fleeing from the causes of harm and detestable things is prescribed (mashroo), and a bondman should not expose himself to causes of trial and tribulation.”
(See: Miftah Dar al-Sa’adah (2 / 272))
And Ibn Qayyim (may Allah have mercy on him) writes in “Zad al-Ma’ad”:
“Chapter regarding the method of the Prophet (peace be upon him) in avoiding and guarding against contagious disease, and his method regarding the guidance of separating a healthy person from a patient with a contagious disease.”
(See: Zad al-Ma’ad (4 / 147))
It is possible that your marriage to this person with a contagious disease, who is afflicted with the sexual disease Herpes, is due to sympathy, and you may think that you can bear it with patience. But if later you also contract the disease, you will be regretful, but regret at that time will be of no benefit, and there is nothing equal to safety.
Therefore, our advice is that you do not marry this person.
We pray to Allah Subhanahu wa Ta’ala that He grants you a righteous, pious, and healthy husband who proves to be a helper and supporter in your religious matters.
(Taken from – Islam Question and Answer)
Therefore, one should abstain from marriage with a person having a contagious disease.
( And Allah knows best )
Reference: https://alfurqan.info/problems/1269
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