Sheikh Mohamed El-Moctar El-Shinqiti, Director of the Islamic Center of South Plains, Lubbock, Texas, states: “This is not a halal/haram issue. This is solely one’s own choice. I learned some time ago from a medical expert that Herpes is not transmittable all the time. It is transmittable only when it is active. But I am not a medical doctor, and none should base their decision on my analysis. While I am writing this, I called another doctor who is a friend of mine and asked him. His opinion is that it is very difficult to avoid the disease.
What one needs to do is to seek a learned opinion from a medical doctor (preferably more than one) whom one should ask specifically if this is transmittable or not, and if it is not transmittable all the time can one marry their potential spouse and protect yourself at the same time. Then base the decision on that, not on what scholars of jurisprudence will say.”