Jurisprudential and Legal Study of the Challenges of Infectious Diseases with Family Rights and Duties

Diseases that have high potency has affected the different aspects of human lives. The issues rising from this virus are also disturbing legal relationships, and in some cases cause conflicts between rights and commitments. Due to the importance of the health of the people, and the importance of the society’s interest, Islamic law requires the infected person to quarantine himself, as one of the best way to stop the spread of the virus so that he would not put others on risk of infection. Rules of custody necessitates parents to take care of their children in any circumstances, but if parents are classified as high risk people, that means if they are infected it may lead to death, “No-harm Rule” would discharge the duty of custody, so it’s not obligatory (Wajib) to take care of the infected child anymore. Even though the specifications of custody and absoluteness of its reasons make it impossible to consider taking care of infected child as forbidden (Haram). On the other hand, if any of parents get infected, “No-harm Rule” consider the value of health of the child so it would dismiss the custody. “No-harm Rule” also exclude the infected man from duties on alimony, since this duty may require him to break the quarantine, and it’s causing extra risk of infection in the society. In this situation it’s governor’s obligation to support him by providing financial assistances or offering part time jobs that are compatible with quarantine.