A man returned from the lands of disbelief, committed lewd acts, and returned carrying diseases due to those acts. When medical examinations were conducted on him, the disease was discovered in him. So, does
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The questioner : May your father, Shaykh Muhammad ibn Salih al-Uthaymeen, be respected. Peace be upon you, and Allah’s mercy and blessings.
First: We testify to Allah, Mighty and Majestic, that we love you for the sake of Allah.
And my question is: What is your opinion regarding one who travels to the lands of disbelief for any purpose and falls into what is forbidden, such as zina or liwat, and was carrying some diseases from the act of lewdness, but did not know of them until medical examinations were performed on him? Is the hadd punishment to be carried out against him, and if he has harmed others, such as his wife?
The Shaykh : And if he has.
The questioner : And if he has harmed others, such as his wife, does his wife have the right to complain and demand the right regarding the harm that befell her from him?
The Shaykh : I say: Peace be upon you, and Allah’s mercy and blessings, and may Allah love you as you have loved us in Him.
And I inform you that there is no need for the greeting when posing the question, because the Companions used to pose questions to the Prophet (peace and blessings be upon him) without greeting him.
As for what you mentioned regarding traveling to the lands of disbelief, I say: Traveling to the lands of disbelief is forbidden, except if there is a pressing need or dire necessity. A pressing need is like trade, where one goes to buy goods from them to trade with. A dire necessity is like illness, or crafts that do not exist in the lands of the Muslims, or the like. But this is on the condition that the person has knowledge with which to repel doubts, and that he has religion that prevents him from forbidden things.
As for if a person knows from himself that he does not have knowledge with which to repel doubts, and that if he goes to the lands of disbelief, they will confuse his religion and lead him into bewilderment, then it is not permissible for him to go, no matter what, even if it is the most extreme dire necessity.
Likewise, one who does not have religion that protects him, such that he knows from himself that he is a man of little religion, weak in religion, and if he goes there, he will be deluded by the adornment of the worldly life that they are upon.
So we say: It is also not permissible for you to go, because preserving religion is obligatory. So if the three conditions are gathered: knowledge, religion, and pressing need or dire necessity, then there is no harm.
As for the diseases he carries, the obligatory thing, if these diseases spread by contagion, is that the one in authority must detain him in a place so that his contagion does not spread. For this reason, the scholars (may Allah have mercy on them) said: The obligatory thing is to detain the lepers, meaning those who have been afflicted with leprosy. Leprosy is a known contagious disease. The obligatory thing is that they be placed in one place and prevented from mixing with people. And if this one who brought the contagious disease is prevented from contact with people, then his contact with his wife is even more so, meaning that the wife has the right to demand separation, and she has the right to this.
And as for the disease that befell her, if she knew that her husband was afflicted with it, then she has no right, because she is the one who risked herself. And if she did not know, then it is a matter for consideration, and it is referred to the court. Yes.
First: We testify to Allah, Mighty and Majestic, that we love you for the sake of Allah.
And my question is: What is your opinion regarding one who travels to the lands of disbelief for any purpose and falls into what is forbidden, such as zina or liwat, and was carrying some diseases from the act of lewdness, but did not know of them until medical examinations were performed on him? Is the hadd punishment to be carried out against him, and if he has harmed others, such as his wife?
The Shaykh : And if he has.
The questioner : And if he has harmed others, such as his wife, does his wife have the right to complain and demand the right regarding the harm that befell her from him?
The Shaykh : I say: Peace be upon you, and Allah’s mercy and blessings, and may Allah love you as you have loved us in Him.
And I inform you that there is no need for the greeting when posing the question, because the Companions used to pose questions to the Prophet (peace and blessings be upon him) without greeting him.
As for what you mentioned regarding traveling to the lands of disbelief, I say: Traveling to the lands of disbelief is forbidden, except if there is a pressing need or dire necessity. A pressing need is like trade, where one goes to buy goods from them to trade with. A dire necessity is like illness, or crafts that do not exist in the lands of the Muslims, or the like. But this is on the condition that the person has knowledge with which to repel doubts, and that he has religion that prevents him from forbidden things.
As for if a person knows from himself that he does not have knowledge with which to repel doubts, and that if he goes to the lands of disbelief, they will confuse his religion and lead him into bewilderment, then it is not permissible for him to go, no matter what, even if it is the most extreme dire necessity.
Likewise, one who does not have religion that protects him, such that he knows from himself that he is a man of little religion, weak in religion, and if he goes there, he will be deluded by the adornment of the worldly life that they are upon.
So we say: It is also not permissible for you to go, because preserving religion is obligatory. So if the three conditions are gathered: knowledge, religion, and pressing need or dire necessity, then there is no harm.
As for the diseases he carries, the obligatory thing, if these diseases spread by contagion, is that the one in authority must detain him in a place so that his contagion does not spread. For this reason, the scholars (may Allah have mercy on them) said: The obligatory thing is to detain the lepers, meaning those who have been afflicted with leprosy. Leprosy is a known contagious disease. The obligatory thing is that they be placed in one place and prevented from mixing with people. And if this one who brought the contagious disease is prevented from contact with people, then his contact with his wife is even more so, meaning that the wife has the right to demand separation, and she has the right to this.
And as for the disease that befell her, if she knew that her husband was afflicted with it, then she has no right, because she is the one who risked herself. And if she did not know, then it is a matter for consideration, and it is referred to the court. Yes.