and corruption becomes rife—leading to scandals and abominations so repugnant that being under the earth would be better than living upon it. There is no doubt that these penalties proceed from Allah’s wisdom and mercy; Allah is Almighty, All-Wise. When the Merciful Lawgiver instituted the ḥudūd, His mercy preceded His punishment: He excused minors, those who have lost their reason, and those who committed the act out of ignorance of its reality.
He also made establishing the offence difficult. In the case of zinā He required the testimony of four upright men who explicitly witness the act itself, or a voluntary, uncoerced confession from the offender that he maintains until the ḥadd is carried out. As for theft, no hand is to be severed unless guilt is fully proven and every doubt removed—along with other conditions detailed in its own chapter. Moreover, the Prophet commanded that the ḥudūd be averted whenever there is a doubt. All of this is so that a servant’s repentance may remain between him and his Lord, for Allah is All-Forgiving, Most Merciful.
Resolution of the Islamic Fiqh Council concerning Acquired Immunodeficiency Syndrome (AIDS): Resolution No. 82
In the name of Allah, the Most Gracious, the Most Merciful.
All praise is due to Allah, Lord of the worlds; and may blessings and peace be upon our master Muhammad, the Seal of the Prophets, and upon his family and Companions.
The Islamic Fiqh Council, convened for its eighth session in Bandar Seri Begawan, Brunei Darussalam, from 1–7 Muḥarram 1414 AH (21–27 June 1993 CE),
after reviewing the papers submitted to the Council on the subject of Acquired Immunodeficiency Syndrome (AIDS) and after listening to the discussions held on the matter,
has resolved as follows:
- Since the commission of the two grave sins—zinā (fornication) and liwāṭ (sodomy)—is the primary cause of sexually transmitted diseases that