Deliberate Transmission
of the AIDS Virus

1. Medical opinion:

A bar in Nazareth, Ethipia. Among the country's 50million people, the groups most heavily affected by AIDS are female prostitutes and their male clients.

There are no laws anywhere in the world today that specify penalties for the deliberate transmission of the AIDS virus, except in Russia where it is an offence punishable by imprisonment. Even there, the law seems to be specifically applicable to prostitutes. (In America, a famous actor was sentenced posthumously to pay a several million dollar compensation for not disclosing to his lover that he had AIDS ,even though that lover turned out to be not infected).

It is hoped that modern laws will follow the Islamic example in considering such action as an illegal punishable offence. Islam advocates the principles that: Harm should not be inflicted or incurred; and: All threat must be removed.

2. Islamic opinion:Medical evidence has firmly established that in 90% of cases, transmission of the AIDS virus takes place through sexual intercourse. It is also transmitted through the mixing of bloods, including menstrual blood, resulting from cuts and wounds. Transmission can be either accidental, in error or deliberate, and could involve one or more people.

No cure from the AIDS virus is, as yet, available, and sooner or later, it would lead to the death of the patient.

In some parts of the world, it is a major challenge to ensure that AIDS information reaches all women.

This leads to the conclusion that premeditated transmission of the virus is tantamount to poisoning. When a Jewish lady tried to kill prophet Mohammad by offering him poisoned meat, and one of his companions who had eaten from it died, he ruled that she be executed.

Killing with insidious means is therefore a capital offence, and is not different from killing with a material instrument.

The deliberate infecting with the AIDS virus is one of the most vile and horrid crimes that can be committed, and its perpetrators must be severely punished.

From the Islamic point of view, such an offence is included under the Quranic verse: "Do not kill any soul which God has forbidden to be killed, except in a just cause." (al-Isra':33} The type and method of punishment is determined also by the intention of the offender. If this was a premeditated attempt to spread AIDS on a wide scale in society and cause harm to as many people as possible, it would come under what is called in Islam: "mass corruption". that deserves very harsh punishment up to the death sentence.

If the intention was to infect a particular person who contracts the disease and later dies from it, then the offender should receive capital punishment.

If the recipient does not die, the culprit must receive a deterrent punishment. But if he, or she, dies at a later date his or her inheritors have the right to compensation.

If the intended victim does not become infected, the offender receives a deterrent punishment at the discretion of the judge.

If infection is transmitted inadvertently or due to lack of adequate precaution, and leads to the death of the recipient, the offence would be manslaughter, for which the culprit must pay compensation. But if the infection does not result in death, the culprit receives a suitable deterrent punishment.

The above applies to Muslims and non-Muslims alike.

Needless to say that if the infection is brought about as a result of sodomy or an illicit sexual act, punishment for these acts must also be administered.