Fatwa's Insights - Medicine

THE 63RD MEETING OF THE PERLIS STATE FATWA COMMITTEE / 2023

23 - 24 JULAI 2023 / 5 - 6 MUHARRAM 1445H

RULING ON PROVIDING PRE-EXPOSURE PROPHYLAXIS (PrEP) MEDICATION TO HIGH-RISK GROUPS

After the Perlis State Fatwa Committee heard explanations regarding the policy of providing PrEP from the Ministry of Health and Medical Practitioners, both those who support and those who oppose, the Perlis State Fatwa Committee holds the following view:

1. PrEP is fundamentally a medication or substance given to prevent HIV infection. Originally, taking or giving medication that is not harmful is permissible unless there is a specific matter that changes the original ruling

2. Taking disease prevention measures is something that is obligatory, not prohibited. However, if the provision of a substance to curb disease transmission at the same time can lead to the encouragement of committing immoral acts, then in this situation, a consideration between two harms must be undertaken and the lighter harm chosen. In this case, the Fatwa Committee is of the opinion that the harm of HIV transmission which can spread extensively is greater compared to the harm of PrEP misuse to encourage sodomy acts.

3. The groups affected by HIV consist of various parties. They are not only practitioners of homosexuality and free sex which are clearly prohibited; it can also infect those who have lawful relations, but their partners have sexual relations with HIV carriers.

4. On this basis, it is permissible for the authorities or medical practitioners to provide PrEP to prevent HIV transmission. Nevertheless, an individual who takes PrEP to encourage himself to engage in free sex or sodomy is prohibited.

5. The provision of PrEP as a protective measure for those who may become victims, such as a wife who is concerned about her husband's condition who may be involved in something questionable, or a wife whose husband is in the process of drug rehabilitation, then that is something appropriate.

6. At the same time, measures to save victims infected with HIV from their partners must be implemented effectively, such as facilitating divorce applications or immediate separation of spouses affected by HIV. Case management in Shariah courts must be progressive and not regressive.

7. One matter that becomes an important demand is that this country must clearly and explicitly voice opposition to sodomy, particularly homosexuality. Thus, the provision of PrEP in an atmosphere of opposition to such perversion does not present the state as compromising and promoting wrongful activities.

Attendance of Members of the Perlis State Fatwa Committee:

1. S.S Professor Dato' Arif Perkasa Dr Mohd Asri Bin Zainul Abidin – Mufti of Perlis;

2. Sahibul Fadhilah Ustaz Tajul Urus bin Abdul Halim – Deputy Mufti of Perlis;

3. Sahibul Fadhilah Dato' Dr. Johari bin Mat;

4. Sahibul Fadhilah Professor Dr. Muhamad Rozaimi bin Ramle;

5. Sahibul Fadhilah Professor Dr. Basri bin Ibrahim;

6. Sahibul Fadhilah Dr. Hj Zaharuddin Bin Hj Abdul Rahman;

7. Sahibul Fadhilah Professor Dr. Azman Bin Mohd Noor;

8. Sahibul Fadhilah Associate Professor Dr. Mohd Akram Bin Dato' Dahaman @ Dahlan;

9. Sahibul Fadhilah Dr. Kamilin bin Jamilin;

10. Sahibul Fadhilah Associate Professor Dr Ahmad Wifaq Bin Mokhtar;

11. Sahibul Fadhilah Ustaz Syed Abu Bakar Bin Syed Kamal Bharin;

12. Sahibul Fadhilah Dr. Muhammad Lukman Bin Mat Sin;

13. Ustaz Muhammad Khidhir Bin Abdul Ghani – Secretary.

RESOLVED at the Meeting of the Majlis Agama Islam dan Adat Istiadat Melayu Perlis Bil. 5/2023 on 2 October 2023.