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Resolutions of Iftaa' Board

Resolution No.(249): "Ruling on Inviting Doctors to Attend Scientific Conferences and Meetings"

Date Added : 09-06-2020

Resolution No. (249)(18/2017) by the Board of Iftaa`, Research and Islamic Studies:

"Ruling on Inviting Doctors to Attend Scientific Conferences and Meeting"

Date: (2/ Rabie` 2nd/1439 AH), corresponding to (21/11/2017 AD).

 

All perfect praise be to Allah, The Lord of The Worlds, and may His peace and blessings be upon our Prophet Mohammad and upon all His family and companions.

On the above date, the Board received a question sent from a Jordanian citizen to the Electronic Website of the General Iftaa` Department. It stated as follows:

What is the ruling of Sharia on the invitations sent to doctors by pharmaceutical companies to attend scientific conferences overseas, knowing that travel and accommodation expenses are covered by the companies themselves? Also, what is the ruling on inviting doctors to scientific lectures accompanied with a fancy business lunch or dinner at a state hotel?

After deliberating, the Board arrived at the following decision:

It is permissible for doctors to take sample medications offered by representatives of pharmaceutical companies as well as attend academic conferences, provided that they adhere to the following rules of Sharia and the medical profession:

First: It doesn`t affect the doctor`s decision in prescribing the medication that suits the patient`s condition.

Second: The doctor takes the financial condition of the patient into consideration.

Third: The doctor adheres to the rules and regulations governing this sector in the ministry or party with whom he works. 

Fourth: The doctor`s aim is to achieve progress in his field of specialty and benefit the patients.

In conclusion, treatment is the responsibility of the doctor before Almighty Allah. He/she should observe the rules of Sharia and the moral code. Therefore, if the afore invitations and conferences could undermined his/her adherence to the above rules, then they should be turned down. And Allah Knows Best.

 

 

Chairman of Iftaa` Board

Grand Mufti of Jordan

Dr. Mohammad Al-Khalayleh

Sheikh Abdulkareem Al-Khasawneh, Member

Prof. Abdullah Al-Fawaz, Member

Dr. Majid Darawsheh, Member

Dr. Mohammad Khair Al-Esa, Member

Sheikh Sa`eid Al-Hijjawi, Member

Dr. Ahmad Al-Hasanat, Member

Judge Khalid Woraikat, Member

Dr. Mohammad Al-Zo`bi, Member

 

 

 

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Summarized Fatawaa

What is the ruling of Islamic Law on compensating the patient in case of medical error on the part of the treating physician?

 
All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
The foundational principle is that every mistake issued by a physician that causes harm to another due to his negligence or lack of expertise obligates him to guarantee liability and compensate the harmed party. The Sharia maxim, in this regard, states: "The direct actor is liable."
 
Ibn Qudamah (may Allah have mercy on him) says: "As for if he was skilled but his hand committed an error—such as exceeding the proper limit of incision, cutting in an incorrect site, cutting with an instrument that inflicts excessive pain, or cutting at an unsuitable time—he is liable, because it is destruction (Itlaf) whose liability does not differ between intent and mistake, thus resembling the destruction of property; and because it is a prohibited act, so he guarantees liability for its secondary effects." [Al-Mughni].
 
However, if the physician performed what was necessary in the most complete manner and took all measures of care and caution, but complications occurred that could not be avoided according to specialists, then no liability rests upon him.
 
Shaykh al-Islam Imam al-Nawawi (may Allah have mercy on him) says: "The cupper and the circumciser bear no liability if they have not been negligent, and likewise the veterinarian if he bleeds an animal and it perishes." [Rawdat al-Talibin].
 
Al-Khattabi (may Allah have mercy on him) said: "I know of no disagreement that if the practitioner transgresses and the patient perishes, he is liable. Anyone who undertakes knowledge or practice he does not know is a transgressor; so if perishing arises from his action, he is liable for the blood-money (Diyah) while capital retaliation (Qisas) is dropped from him, because he did not act independently without the patient's permission. And the physician’s offense in the view of the generality of jurists is borne by his agnates ('Aqilah*)."* [Ma'alim al-Sunan].
 
If negligence or transgression is established against the physician, it is necessary to compensate the patient or seek forgiveness from him. And Allah Almighty knows best.

What is the ruling on one who performs ablution or the ritual bath while having nail polish?

Nail polish must be removed before ablution or ritual bath so that water reaches what is beneath it, because it is a barrier that prevents water from reaching that area. This is based on the hadith narrated by Ali (may Allah be pleased with him) from the Prophet (peace be upon him): "Whoever leaves a hair's breadth of his body unwashed from major impurity, such and such will be done to him in the Fire." (Reported by al-Bukhari). And Allah the Almighty knows best.

If the menses lasted for over than 9 to 10 days, considered menstruation?

If the duration of the bleeding does not exceed fifteen days, it is all considered menstruation, even if the usual pattern changes.

What is the ruling on discharging one's zakāh obligation through the provision of a specific benefit (manfa‘ah) — such as performing a surgical operation for a patient, or providing housing to a tenant, and counting the value of this service as zakāh?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
It is obligatory to pay zakāh from the actual asset (‘ayn al-māl) upon which zakāh is due, except in the case of zakāh on trade goods ('urūḍ at-tijārah), which is paid based on their monetary value. In all cases, zakāh must be given in the form of tamlīk (a full transfer of ownership), based on the words of Allah, the Mighty and Majestic (which mean): "Zakāh expenditures are only for the poor and for the needy, and for those employed to collect [zakāh], and for bringing hearts together [for Islam], and for freeing captives [or slaves], and for those in debt, and for the cause of Allah, and for the [stranded] traveler — an obligation [imposed] by Allah. And Allah is Knowing and Wise" [at-Tawbah/60]. The letter "lām" (لِ) in this verse — as in "lil-fuqarā'" ("for the poor") — indicates possession/ownership (lām al-milk).
It is not permissible to fulfill one's zakāh obligation by providing a benefit or service (manfa‘ah) — such as housing, education, or medical treatment — in place of the zakāh itself. This is because zakāh must be paid as wealth (māl) that is transferred into the ownership of the poor recipient, whereas such services are intangible benefits that are not, in themselves, capable of being formally transferred in ownership (ghayr qābilah lit-tamlīk). And Allah, the Exalted, knows best.

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