Is it permissible for a mother afflicted with recurrent miscarriage to conceive, and does she have the right to custody of the child, and is it permissible for either spouse to annul the marriage if they discover the other party is afflicted with the disease?

Firstly: It is impermissible, according to Islamic law, to abort a fetus due to the mother being infected with AIDS, because the infection is usually transmitted after the ensoulment or during childbirth.

Secondly: It is permissible for a mother infected with AIDS to nurse and raise her healthy newborn, unless a medical report prevents that, as there is no confirmed risk from normal contact.

Thirdly: The healthy spouse has the right to seek separation from the spouse infected with AIDS, because it is a contagious disease transmitted through sexual contact.