This article explores the issue arising when a person, knowing that he or she is anti-HIV positive, proceeds to engage in intimate sexual behavior with another, and asks whether he or she is liable for criminal prosecution. This study considers arguments for and against criminalization .in the light of the government refusal to legislate in this area, the study considers the possible sanctions under existing criminal law, providing a brief analysis of different sections of the Islamic criminal law. It reviews and counters possible problems with the use of these sections and concludes that some of them such as murder and transmission of STD and not others like attempt murder, inflecting GBH, threatening public health could be used to prosecute this type of behavior.