Issues in medical science
To His Eminence Ayyatullah al-Uzma Mohammad Ishaq AL- Fayyadh (may God protect him).
Peace be upon you.
- It is undoubtedly that the second half of the twentieth century had witnessed the establishment of the most remarkable medical scientific accomplishments, what is related to Man's life and his health is one of these achievements fulfilled, especially after the appearance of new technical medical aids which surpassed the boundaries of conventional medical works in treating chronic and irremediable diseases and participate in saving thousands of people from undoubted death after the success achieved in organ transplantation and the new medicine discovered to inhibit immunity system from preventing and rejecting any xenon organ.
But, this success made a legislative gap need to fill by the people concerned , and caused a legal scientific controversy concerning how to behave legally with this human body, and it also created an annulus of conflict between an absolute material science which is originally resultant from the western civilization, on one hand ,and criteria of Islamic legislation which is resultant from divine inspiration in which Allah (swt), the Omniscient, certainly a acquainted with human beings welfare. thus , researches , seminars and conferences were to hold , many books and studies published and many convictions (fatawa) delivered from each Islamic center in Egypt, Saudi Arabia, Kuwait, Jordan and so as other states and many legists of Islamic doctrine focused on the legality of human organ transplantation and whatever relevant to this matter , and negotiated it from the juristic and legislative points of view.
But unfortunately , all studies , researches and legislations neglected going into rules governed by Al- ja,fari doctrine and the opinions of legists and scholars of shiism for the twelve Imams.
There was no research dealing with this matter, neither from far nor from near. yet, some of them have mentioned the opinions of Al-Yazeediya sect and probably consider it as a representative of shiism as there are no subjective opinions of shiism , interpositions, disputes or interferences for this inquiry to show , on level of studies. Infact , some scholars of shiism have written their subjective opinions but their opinions need more elaboration. yet, there are no legislative inferential books that could investigate this matter depending on evidences and controversies to confirm it through proofs and demonstrations.
I am a student of religious sciences (Hawzawiya sciences) and intending the highest studies , ( i , e) , the master's degree under the heading of organ transplantation and giving to put a brick for extending the ideology of Al-Ja,fari doctrine as it is a compartive study of Islamic doctrines , and at the head of which is that between Al-Ja,fari and law.
I beg your eminence to answer the following inquiries (Masa,l) indicating the complete rule Whatever it may be, to use it in a discussion with other opinions. I wish you to mention your books that deals with this subject so I and others can make use of them as referential books in studying this subject.
May God give you success to serve the true Religion and raise your degree with prophets and the righteous and (Al-salamu alaykum wa rahmatullah wa barakatuh).
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(QUESTIONS)
- Is man to be considered dead when his encephalon dies, considering the fact that the encephalon's exitus means that it will never come to life again, and his respiration comes to pass through respiratory system which is still working but no respiration and the heart will not come to a standstill unless these medical apparatus be lifted as soon as respiration stops?
Is it permissible to stop these apparatus?-
If not ,is the one who stops them to be considered a murderer?-
-Is it permissible to pay apparatus operation from patient's money even if he has children at nonage, taking into account that he will never revive from his coma because of his encephalon's exitus?
-Would someone in charge of him undertake the expenses?
(Answer)
When an encephalon dies, man is naturally considered dead and there is no hope in him to live according to medical law, unless there is a miracle from allah (swt) because his organs have come to a standstill and cannot perform their natural functions and their natural living movements ( i,e )his organs have died, but through using technical medical apparatus his heart could work to perform it's functions, if a physician lifts these apparatus from him ,his heart will stop soon, because his existence in life comes to an end, therefore, such a patient is usually dealt with as a dead person.
However, it is apparently unalloyed for the physician to lift the apparatus from the patient.
If some one comes to lift them and the patient's heart stops completely, would he deserve punishment or blood money payment?
The answer is neither this nor that, because the punishment's case occurs when a faithful is killed on purpose , so the concept of murder here is invalid on lifting apparatus.
However, the concept of murder is applicable on a person still interested requirements for living naturally .
The validity of the patient's life has finished because all his body organs stop moving naturally and dying, the movement of his heart occurs artificially through apparatus and not naturally, therefore ,it is untrue that the person who lifts apparatus from a patient has killed him, but what he has done is that he has prevented the patient's heart from moving artificially through using medical apparatus, thus, he is an artificial murderer not a natural one. Consequently, punishment should be on the second, not one the first, if he were going into murder on purpose.
This is applicable to blood money payment as well because killing a faithful caused by a mistake is more common than it is resulting from an absolute error or almost purpose to kill, and both are invalid on lifting apparatus, as you know. and concerning apparatus payment, it is permissible to be paid from patient's money with the minor availability, because patient's money who is now dead has not become to his inheritors yet.
If he does not have money ,the payment is to be paid from someone in charge of him.
Otherwise, it has to be paid from Muslims or from the treasure-house.
(QUESTIONS)
- Is it permissible to transfuse one organ, kidney or lung for example from a living donor in order to save life of someone else, taking into consideration that donation does not cause a certain harm for life of the donor, however, he might confront some probable danger in future?
-what is the legal rule if this donotation which has caused him body weakness?
(Answer)
Yes, it is allowed legally to transfuse organs which are not primary such as kidney, lung and the like as a donation or an absolute compensating even if saving life of someone else does not depend on him on condition that this transfusion would not cause him unbearable harm or make him confront serious dangers in future.
Yes, if saving someone's life depends on transfusion since the patient might die if the required organ has not been transfused, the donation is obligatory either collectively or individually on condition that it does not cause damnation of donor. Man's having authority over his organs is a clear evidence that man can deal conclusively with his organs on conditions:
-the first :he has to treat his organs in away that would not cause him damnation.
-the second :Man's treating organs does not cause him any serious harm.
-the third :it would not cause him deformity in his orderliness, otherwise, it is not allowed.
(QUESTION)
- Is it permissible to donate an organ that does not have influence on man's life but makes a deformity such as donation of eye from a live or a dead?
It is not allowed to donate organs whose transfusing causes a deformity or a defect in man's orderliness such as an eye, a hand or a leg and the like without any difference between alive or a dead person.
Someone's will for donating organs would not be effective after his death because the will has wrong doing and there is no difference in enjoining deformity between Man's deforming himself or deforming another person because, he does not possess his organs which man's life depend on them such as head or heart and the like or other organs whose transfusing would impose deformity in shape and orderliness such as an eye, a hand or a leg, and concerning other organs it is permissible for man to transfuse them to another person voluntarily or for getting money like kidney, blood and skin and the like on condition that it does not cause a serious harm otherwise , it is not permissible.
(QUESTION)
- Is it permissible for man to will his body organs after death in order to save life of another person through performing plastic surgery?
-Would the inheritors have to donate for saving someone else?
(Answer)
Yes, it is permissible to will not primary organs whose transfusing from a dead a to live would not cause deformity and mayhem for the dead , otherwise, it is not permissible , and concerning donating such organs , it is allowed to in it self .
However , donation would be obligatory when someone's life depends on him.
(QUESTION)
- Is it permissible to use the body of someone dead by taking bone , skin or other parts which man's life does not depend on for plastic surgery with taking the dead,s agreement before dying to use his body for treating patients ?
-Would the inheritors have the right to do so without dead,s will?
- Would the inheritors have the right of prevention even if a legal rule has given them permissibility to behave and the dead willed to do so ?
(Answer)
It is not permissible to use the body of a dead without his will .
However , it is permissible to donate organs which are not primary , the inheritors should not prevent the will fulfillment.
(QUESTION)
- A family permits an organ to be taken from a minor brother and be transplanted in order to save his father or brother's life, or ,a father behaves with his son's organ considering the fact that he has the guardianship over his child.
Is it permissible for them ( i , e the family or the father ) to behave as such taking into account the owner's agreement ?
It is not permissible for the family to allow a physician , for example , to cutoff an organ from a minor brother to be transplanted in the body of his brother or his father unless saving a father or a brother's life must depend on him one hundred percent.
It is only then that family could do so to save his life when such conditions exist:-
FIRST : It should be restricted to his definite organ where it is not beneficial to transplant him an organ from adult, but when not restricted , it is not permissible for a family to have such allowance, instead, the family should give him organ from an adult not from a minor brother in order to save his life.
SECOND : the given organ must not be one of the primary organs intended by one of the two preceding meanings: dependence of life is attributed to it , and its transfusing is to impose deformity in shape and man's orderliness .
THIRD : It should not cause him a serious danger in future.
With existence of such conditions , it is permissible for family to transfuse the organ from him , and this is also applicable to father's behavior towards his son since he has no guardianship over his son in such situations as the permissibility of allowance depends on the previous conditions. Concerning blood money , it would be valid one the one who operates transplanting and not on someone else. But, when conditions mentioned unavailable , punishment would be valid on physician who has transfused the organ from the minor even if he has family agreement , since the family does not have guardianship in such doings , if not punishment , it would be blood money. Yes, the one in charge of the minor to be excused from punishment or blood body provided that this excuse would not be a cause of corruption for the child ; otherwise , it is not permissible.
(QUESTION)
- Is it permissible to transplant the organs of those whose blood spilled in vain such as the warlike-a theist , the deserter , and the murderer on purpose , without being excused by the owner's of blood in order to save a faithful man?
-assuming that it is permissible , Is it permissible to take parts which are not essential for living such as skin, eye and bone , and then , transplant them to the faithful ?
(Answer)
Yes, it is permissible to transplant organs of the warlike-atheist and the deserter both and there is no objection . after being transplanted , an organ becomes a possession of the faithful , authorized by his rules. More over , it is permissible to transplant the organs of the murderer on purpose sentenced to punishment because he is the owner of his organs whose life does not depend on , or its transfusing is not to impose deformity in his shape and his orderliness.
He is allowed to donate them and it is allowed to take unnecessary parts. all this is not to contradict his being sentenced to punishment because it does not require being prohibited from dealing with his organs.
(QUESTION)
-Is it permissible to donate renewed organs of man such as skin or blood?
-Is it permissible to take from atheist and donate to him?
(Answer)
Yes, it is permissible to donate renewed organs. it is also permissible to take from atheist. And , concerning skin and blood donation for an ethesit , there is no objection to it in itself .
(QUESTION)
- Is it permissible for a physician to transfuse an organ from a dead in order to save someone else with dead,s will?
(Answer)
With dead,s will , it is permissible for a physician to transfuse an organ from a dead to save the life of a Muslim . But , without dead,s will , it is definitely permissible if someone's life depends on transfusing the organ and without this transfusing man will die , In this case, man should pay bloodmoney , otherwise it is not permissible.
(QUESTION)
-Assuming that it is permissible to donate as a giving or according to a will , is it permissible for a patient to accept an organ , be it from Muslim or from atheist , in order to save himself ?
- Is he allowed to when he does not know neither dead nor his inheritor's agreement to save himself for urgent necessity?
(Answer)
Yes, it is permissible , yet it is obligatory if saving man's life depends on it , whether the organ is from Muslim or atheist , it makes no difference whether he know either dead or his inheritors agreement provided that saving his life depends on it .
(QUESTION)
-An organ is amputated because of punishment or because a healthy condition requires its amputation , like a person , because of a constitutional deformity , has three kidneys and that makes him suffer from disorders. So he is obliged to remove one .Is it permissible for the owner's of the organ to sell or donate it?
(Answer)
Yes, it is permissible to sell it and there is no objection to it.
(QUESTION)
- Is it permissible for a live to donate parts of his body which he could not make use of them for a reason to another person who could benefit from them such as parts of eye :cornea and retina and in case he is blind and has a healthy cornea and retina , another person could make use of them ?
-Is it permissible to donate them by a will after death ?
-Is it permissible for guardian to permit this ?
(Answer)
Yes , it is permissible for a live to donate parts of his body. It is also permissible to sell an organ if it is not one of primary organs , ( i , e ) his life does not depend on that organ , and , the transfusing of the organ should not cause deformity and defect in man's orderliness. concerning parts of eye transfusing such as cornea and retina , there is no objection provided that it is not impose deformity of the body and mutilation of man's harmony , otherwise it is not permissible neither by donating nor by a will after death.
(QUESTION)
- Is it permissible to take money in exchange for the organ , be it donated or it willed , if organ transfusing has a shape of selling ?
-Is it permissible for the inheritors to take money in exchange for giving permission to transfuse them ?
(Answer)
Yes , it is permissible to take money in exchange for organ by selling and by giving. concerning organ be willed , it is not permissible to ask for money in exchange for it if testate has willed it gratuitously . however , it is permissible to take money when testate willed his organ as a donation and God know best.
(QUESTION)
- There are establishments termed (Semen banks) for keeping seminal fluid of male . therefore , it is possible to fertilize woman's ova after many years of man's death:
1-Aman died and had to deposit his seminal fluid in this bank before dying .Is it permissible to fertilize his wife's ova after his death , or not ?
(Answer)
It is permissible to fertilize ova in uterus of his wife after his death.
2-if fertilization's request is stated in a dead,s will , is it obligatory to fulfill it ? or not ?
(Answer)
The will is invalid with things illegitimate.
3-should a wife accept or reject such a will ?
(Answer)
A wife should have to refuse it.
4-If giving birth to a child by serovaccination to happen after husband's death, would the child be considered legitimate or not ?
-what is his relationship to the dead person ?
-Are there any rights between them or not ?
(Answer)
He is not to be imposed by rules of illegitimate child , he is undoubtedly the child of the dead person. Concerning rights of fatherhood and son ship , it has no theme in the assumed inquiry , and God knows best.
(QUESTION)
- In some operations like that to lift appendicitis , a surgeon usually comes to open patient's abdomen , and it is sometimes to happen that vermin form is very healthy and does not require lifting or surgical intervention. But what is happening is that , the surgeon comes to excise appendicitis claiming that he has opened the patient's abdomen , So , he should excise it , then ; and , because there is a probable error in diagnosis.
Is it legitimately permissible for a surgeon to excise a part from a patient's body which is not casualty ?
(Answer)
It is not permissible in Sharia (Islamic law) without taking the patient's agreement in advance ; however , he should pay bloodmoney , then ; and assign its amount by hand of a legitimate ruler.
(QUESTION)
Is it obligatory for the surgeon to tell the patient the truth after operation ?-
(Answer)
Yes, it is obligatory in order to prepare the surgeon for paying bloodmoney or excuse him.
(QUESTION)
- Is it obligatory for the surgeon to take patient's agreement before doing operation because there is probability for such a case to happen ?
(Answer)
Yes, he is obliged to in case his expectation is reasonable and God knows best.
(QUESTION)
- In what is termed, tubal legation, which is usually performed to prevent pregnancy , woman's abdomen is to be opened , and , therefore , she is definitely exposed to risks of surgical intervention . operation like this are usually preformed in hospitals.
1- Is it permissible for woman gynecologist to perform an operation such as this as away to stop pregnancy , or not ?
(Answer)
Since fulfillment of an operation such as this is unnecessary and not legitimately obligatory , it is not permissible for gynecologist to perform it if its fulfillment requires her to examine genitals physically.
2-Is it obligatory for a wife to take agreement of her husband to make an operation like this ?
(Answer)
It is not obligatory unless performance of operation such as this is incompatible with his rights.
3-Is is obligatory for woman to abey her husband in the following cases :
A- husband,s order to fulfill the operation.
B- husband,s order not to fulfill the operation.
(Answer)
Woman should not to obey her husband in both cases and God knows best.
(QUESTION)
-what is the opinion of sharia (Islamic law ) about creating man by gene colning ?
(Answer)
Operation in it self is legitimately permissible and there is no objection to it unless it has passive sides and qualitative corruption influence society and cause its imbalance and its healthily inferiority , and economically , educationally , scientifically as well and then make it fall down to collapse so it is not permissible .
(QUESTION)
1- what is the relation of man created by a way like this to a person whose cell is taken from him , be it man or it woman , would it have :
A- a position of brother.
B-a position of son.
C-or , is it legitimately a foreigner?
(Answer)
Man created by a way like this has a son to father relation. Consequently , this shows the answer of the following cases:
2- Are there any rights to result from a relation between man created by away like this and the owner of the cell ?
3- what about its religious nationality during period of childhood , would it be considered Muslim or atheist ? or , its religious nationality is to be according to religion of the owner of cell ?
(QUESTION)
- Some surgical operations are performed to excise a member or a part of it because it suffers from certain disease such as cancerous diseases and the like , those members or part of them such as ( uterus , lien , bladder , , gallbladder , part of stomach , bowels) are send to tissular examination for diagnosing the nature of a diseases more precisely , yet , the large part of these members is remaining, Is it permissible to keep remaining parts in glasses to offer them to medical students ?
(Answer)
Yes , it is permissible and there is no objection to it.
2-Is it permissible for remaining parts to be thrown with rubbish ?
(Answer)
Yes , it is permissible.
3-Would the size of member or part of member have any role in the permissibility or not ? In other words : Would rule applied to a member weighs a kilo be also applicable to apart of member weighs less than a kilo ?
(Answer)
The size of member , be it large or it small , does not have any role in legitimately permissibility or illegitimately non- permissibility. Anyhow, it is not imposed by rules of dead and God knows best.
(QUESTION)
- It is permissible for woman to use screw as an instrument to prevent pregnancy or not ? considering the fact that the process of putting screw requires a physician to examine genitals physically ?
(Answer)
It is not permissible because a process such as this requires examining genitals physically. However , It is permissible when the physician performing the process is the husband of the woman and this is to occur in case the screw performance is to prevent semen from congealing. However, it is not permissible if the screw performance is to kill se-men after congealing.
(QUESTION)
- Would woman be obliged to take the agreement of her husband before putting the screw or not ?
(Answer)
In case woman is legally allowed to put a screw, she will not be obliged to take agreement of her husband as long as this is not to contradict his rights.
(QUESTION)
- A husband has ordered his wife to lift the screw. Is she obliged to obey him or not ?
(Answer)
She is not obliged to , and God knows best.
(QUESTION)
- some students in colleges of medicine buy skulls and bones which belong to man on purpose of studying about them out of college:
1-Is it permissible to buy skulls and bones such as these if they belong to Muslim man or not ?
(Answer)
Yes, it is permissible and there is no objection to buy them on purpose of studying and making use of them and there is no difference in this whether skulls and bones are from Muslim or from atheist.
2-Is it permissible to buy them if they belong to non-Muslim ?
(Answer)
The answer is clear from what we have already mentioned.
3-what is the legal rule of money which has been taken from this trade ?
(Answer)
There is no objection to take money in exchange for skulls and bones in a trade like this.
4-Is it permissible to buy them when their sources are unknown (they belong to Muslim or atheist ) ?
(Answer)
It is clear from what we have already mentioned in the first inquiry.
5-while studying about them , I was obliged to touch these skulls and bones without gloves. should I have to bathe for touching the deceased after each time I touch these skulls and bones ?
(Answer)
It is not obligatory and God knows best.
(QUESTION)
- Is it permissible for physician (from men) to specialize in gynecology and obstetrics ?
(Answer)
Yes , it is permissible and there is no objection to it, in it self , How ever , it is not permissible if the process of specialization and study of them has imposed physicians to practice the illegal during period of study such as looking at woman's genitals , touch and dissect it , so it is not permissible , then ,except in certain cases.
(QUESTION)
- A physician has specialized in gynecology and obstetrics , Is it obligatory for him to leave his work ? or not ?
(Answer)
He is not obliged to if he is self-confident that he will serve his society and save many people from falling in difficulty or danger when practicing his job especially when society is in urgent need for a physician such as this.
(QUESTION)
- Is it permissible for Muslim woman to consult a specialist physician man in:
A-simple cases in which a specialist physician woman could be consulted.
(Answer)
It is not permissible if curing woman would require her to be examined physically.
B-complicated cases in which a physician man has a wider experience and more ability to guarantee the cure ?
(Answer)
It is permissible even if it requires medical examination for woman's body.
(QUESTION)
- there are medical drugs called (corticosteroids) which are widely used in cases like : bronchial asthma , dermatitides , high cere brospinal pressure , some blood diseases , and so many other diseases. These drugs have serious and dangerous accessory symptoms which might appeare for patients who use them in great doses for alone time such as :lowering in potassium , changing in sugar tolerance , increasing in disposition of inflammations , lateness in healing up wounds , stomach and duodenum ulcer , eye diseases , weakness in bone's strength , liquids, accumulation in face which is called (moon-face) or centro-obesity , and the most important symptom is adrenal gland acute failure which might cause death. Many young , men and woman , use these drugs to get what is called (moon-face).In case , drugs are taken with great doses and for long periods to make moon-face appeare. This means making use of accessory symptoms
1-Is it permissible for a pharmacist to sell these drugs for this purpose even if he knew that man would use the for the purpose mentioned above , ( i , e ) getting what is called moon-face ?
(Answer)
Yes, it is permissible for a pharmacist to sell them provided he informs the man of its danger when used with great doses and for long periods. However , it is absolutely permissible if its hurt is inconsiderable and the one , who buys these drugs know There hurt.
2-Is it permissible for the young to use drugs like these for these purposes ?
(Answer)
Yes , it is permissible if its harm is little and not serious.
3-Is it permissible for a physician to prescribe these drugs for these purposes ?
(Answer)
It is permissible with informing the person of its dangerous use. Yet , it is absolutely permissible.
4-If a young man died because of adrenal gland acute failure resultant from using these drugs , would a pharmacist or the person who has given him drug undertake the responsibility of his death or not ?
(Answer)
Neither the pharmacist nor the person who has given him the drug is guilty and God knows best.
(QUESTION)
In college of medicine's museum , there are foetuses belong to the early stages of man in mother's womb whose ages are to range from one month to several months . these foetuses are taken from Muslim mothers and be placed in glass pools with preservative substance called (Formalin) to prevent disintegration and keep them for years in order to show them for students in colleges of medicine or sometimes in exposition held in universities on different occasions.
1-Is it permissible to place these foetuses of Muslim mothers in pools such as these for the purpose of watching ?
(Answer)
When constitution imperfect , it is permissible to place foetuses in pools for watching . however , it is not permissible to do so after perfection of constitution even if it was before the fourth month especially after the existence of soul , therefore they should be buried then. So , it is not permissible to place them in pools for watching unless the public welfare requires that.
2-If foetuses belong to anon-Muslim mother , would it be permissible ?
(Answer)
There is no objection to it.
3-the person who places these foetuses in pools , is he obliged to bathe for touching the deceased or not ?
(Answer)
He is not obliged to bathe for touching the deceased if he placed them before existence of soul.
4-If agreement of foetus, guardian is taken , would it be permissible to do so ?
(Answer)
Permissibility or not Permissibility revolves around obligation or not obligation of burying it and not around anything else and God knows best.
(QUESTION)
-In some accidental states which require blood transfusion to patient as soon as possible :
1-Is it permissible to donate blood for saving life of Muslim man?
(Answer)
Yes , it is permissible. however , it is obligation if life of Muslim Man depends on this.
2-Is it permissible to donate blood to save life of atheist ?
(Answer)
Yes , there is no objection to it.
(QUESTION)
3-Is it permissible to take money in exchange for blood donation ?
(Answer)
Yes ,it is permissible.
4-Is it permissible to give price to blood donor in exchange for his blood donation from someone else who does not have any relation with the patient who will take the blood. Would the money taken from the person to the donor be regarded as charity ? would a person get reward ( thawab from Allah ) for this charity ?
(Answer)
Yes , it is permissible and he will get reward (thawab from Allah) for this charity and it is regarded a good dearest deed to Allah and God knows best.
(QUESTION)
- During a surgical operation , a specialist surgeon has committed an error when he cut off a healthy artery in patient's body and this has caused him death. In other words , the cause of his death is cutting of the artery , what is the kind of murder , in this case ?
(Answer)
Depending on case assumed , the murder has been committed erroneously. Consequently , the murderer should pay bloodmoney and he should perform expiation ( kaffara ) as well , which is optional among two to choose one of them :
- to feed (60) Miskeens ( poor men ).
- to fast two successive months.
(QUESTION)
- A specialist surgeon has operated a surgery to a patient and has done his best during the operation ; but , because of patient's bad state and its difficulty , he has died after operation. would patient's death be considered as a kind of murder or not ? if it is as such , is it a murder on purpose , similar to murder on purpose , or is it an absolute mistake ?
(Answer)
In the case assumed , if patient's death is attributed to seriousness of his illness and not to the surgery , the surgeon will have nothing to do. However , if the patient's death be attributed to the surgery , the surgeon will be the murderer by a mistake provided that he does not assume that the operation will cause patient's death , otherwise , he is the murderer on purpose.
(QUESTION)
- what is the general standard to distinguish between the three divisions of murder ( on purpose , similar to premeditation murder , and absolute mistake ) ?
(Answer)
The difference between the three divisions of murder is the following :
A- Murder on purpose means that person intends to kill a man purposely and he is considerate of its injustice and its assault.
B-Murder by mistake means that person intends to kill an animal , for example ,In stead of throwing at the animal , he throws a man accidentally and kills him then.
C-Murder similar to premeditation occurs when someone beats a man with an instrument that is not lethal and without the intention to kill him , but he kills him by accident.
(QUESTION)
- In your book called ( procedure of the Righteous ) , ( Minhajj AL-Saleheen), Third parts ; book of blood money ( diyat ) ; page 384 and under the title of an inquiry ( Mas,ala ) number ( 1151 ) you have mentioned , your eminence , resources where blood money ( Diyah ) is valid as the following :
(( blood money ( Diyah ) is valid in sources of absolute mistake , or in sources similar to premeditation in originality as well as in sources where punishment is invalid . However , in sources where punishment can not be performed for one reason or another , blood money will be valid casually ( i , e ) it is certain in terms of substitution not of originality . As far as punishment is concerned , its certain in sources without anything to return , blood money would be invalid , only that it occurs by agreement and conciliation whether it is in soul or in something else. Concerning sources where punishment requires giving something back, the guardian is having a free will between punishment and blood money as previously mentioned )) finish .
I wish your eminence give more clarification about this inquiry (Mas,ala ) and in simple expressions in order to be understood easily by all for the significance of this fatwa in our thesis with many thanks in advance ?
(Answer)
The certainty of blood money in mistaken murder and that similar to a premeditation murder is valid by originality ( i , e ) its certainty is determined from the beginning of legislation . As far as punishment is concerned , it is invalid legitimately in both sources mentioned as well as where it is not determined by Islamic law and what is determined is blood money ( Diyah ) as in sources where murderer be the father of the killed , or the killed be mad. In murder on purpose , however , what is determined by originality is punishment without blood money. blood money is not to be fixed unless it is carried out by agreement and conciliation between the guardian of the killed and the murder. Yes, blood money may fix casually instead of punishment on the basis of that Muslim's blood is not to be shed in vain. This would occur in sources where punishment can not be carried out as in our time or where the murderer is fugitive. Diyah is , then , taken from his money .In all these cases the guardian of the killed should not give anything back to its owners as in sources where man kills another man or woman kills another woman. If the guardian of the killed has inflicted punishment on the murderer , he would not be obliged to give anything back. Yet, the guardian of the killed , after carrying out punishment , should give something back in sources where bringing punishment and blood money together is determined by originality as in sources where a man kills a woman on purpose , the woman's guardian should , then , choose between inflicting punishment on the murderer or taking blood money from him. If he had the first choice , he should give half of man's blood money to the guardian of the murderer .
(QUESTION)
1-Iam a surgeon and obliged to pay legitimate diyah , and I have chosen to give it in form of tow-hundred cows. Is it permissible for me , at this time , to know the price of the tow-hundred cows and give the guardian of the killed diyah in form of paper money ? ( considering that it is very difficult to bring tow-hundred cows together and give them to the guardian of the killed ).
And , what is the legitimate rule in estimating price of camels , gold , silver and sheep and giving their cost in form of paper money because they are easily to deal with.
(Answer)
The kind of blood money (diyah) is determined by the murderer without the guardian of the killed .He has also the choice between giving the very same blood money or giving its price .The guardian of the killed must not oblige the murderer to do one of them .In addition , blood money , when paid gradually with ability to be paid all at once depends on the agreement of guardian of the killed. As for estimating the price of camels , , gold , silver and sheep , it is due to people of experience in this matter.
2-Am I obliged to pay expiation (kaffara ) or not ?
(Answer)
According to the assumed inquiry (Mas,ala) , you must carry out the three sorts of expiation ( kaffara ) :
Feeding (60) poor men (miskeen) , fasting two successive months and the manumission of one slave . If negligence means that a surgeon is considerate of cutting a healthy artery off in operation usually causes death and in spite of that he has performed the surgery and cut the artery off, it would be a premeditated murder .
Yes, if the artery cutting off doesn't usually cause death and he doesn't intend to kill him , the murder would be similar to premeditation and , consequently its expiation (kaffara ) would not be kaffarat al-jam,
(the one that includes all sorts of expiation).
3-Am I deserved double blood money (diyah) ?
(Answer)
According to the assumed inquiry (Mas,ala) you are not to deserve double blood money.
4-If the operation , in this inquiry (Mas,ala) was performed one day only before month of Rajjab and the patient died in the first day of Rajjab , would the blood money , then , be considered for the sacred months , or is it blood money of normal months ? (i , e) is the standard the time of causing harm or is it the time of death ?
(Answer)
It is evident that the standard is the time of death.
(QUESTION)
- I am a specialist surgeon and I had performed a surgical operation to a patient in the last day of month of Rajjab . I was negligent in the operation when I cut a healthy artery off from patient's body which had caused his death in first day of month of Saffar .would blood money be for normal months or would it be blood money of sacred months ?
(Answer)
In the assumed inquiry , it is evident that the blood money is for normal months since it is traditionally known that the murder in sacred months should mean it is committed in these months not in normal months.
(QUESTION)
- I am a specialist surgeon in general surgery and I have patients from different religions to whom I perform surgical operation. Sometime , I am obliged to pay legitimate blood money because of my error and because of my negligence during operation I perform. Therefore , and because of importance of this matter for me and for my doctor colleagues , we hope that , your eminence , you could refer to the most significant non-Muslim religions especially those of Christians , Sabe,ah , Yazeediyeen , the Indian al-seekh and al-boothiyeen and others and the amount of blood money for each one of them because it is an object of controversy to us , the doctors ?
(Answer)
As far as blood money of Thimi from people of the book is concerned like Christians , Jews and Magus , it is most likely the blood money of Muslim.
As for warlike atheist who isn't Thimi , neither blood money nor punishment there would be in killing him . what do we mean by Thimi is the person who lives in Muslim's land under Islam rules , not to object to them , and accept Islam protection.
The warlike-athesit , however , is the one who lives in Muslim's land freely land he does not accept protection (i , e) he does not accept to be under protection of Islam. Protection , in fact, is to be accepted from people of the book. However , it is not accepted from those who are not from the people of the book like boothi , Hindus , Seekh , yazeedi and others , and there is neither blood money nor punishment in killing him , this is according to the elementary rule in Islam. As far as its sub rule and public order keeping are concerned , the case might be different and the legitimate judge would impose a fine on the murderer if general welfare requires that.
(QUESTION)
- I am a specialist surgeon and had performed a surgical operation to a bisexual and had committed an error and negligence during the operation which , consequently had caused its death. What amount of blood money that resultant from killing the bisexual ?
(Answer)
In the assumed inquiry , if it has distinguishing features of male it would be a man and its bloodmoney would be that of a man , and if it has distinguishing features of female it would be a woman and its bloodmoney would be that of a woman. However , if it is lacking of distinguishing features of both sexes , it would be obliged to pay half of bloodmoney and with the second half it should be reconciled with guardian of the killed.
(QUESTION)
- What is meant by warlike-atheist who does not have bloodmoney when killed (there is no bloodmoney in killing him ) ?
(Answer)
According to people of the book in Islamic land , if he accept Islam protection, accepts living under Islam rule , and accepts bloodmoney , he would be Thimi protected from bloodshed and his money is protected , as well , otherwise he would be warlike-atheist and there is no bloodmoney in killing him according to the elementary rule in Islam as previously mentioned.
(QUESTION)
- I am a physician and I have read in your pragmatic dissertation Minhajj
Al-Saleheen / third part /book of bloodmoney (diyat) / Inquiry number (1168), but unfortunately I can not understand its expressions especially words like Al-Arsh and Al-Aqilah , and who are people of experience on whom the legitimate judge depends in limiting Al-Arsh ? Are they doctors in general ? or are they the specialists , each one of them in accordance with his
specialty ? or are they the faithful legislative specialists only ? I wish your eminence to clarify these expressions in simple words because of the importance of this inquiry (Fatwa) in our job as a medical cadre ?
(Answer)
What is meant by Al-arsh in legislators words is a fine because each felony whose-blood money is not assessed legitimately would necessarily have Al-Arsh , the legitimate judge is the one who has the authority of limiting
Al-Arsh quantitatively in accordance with injury by consulting people of experience from the trusty in such a matter who are usually the specialist physicians , as for Al-Aqilah clarification it is widely mentioned in Al-Minhajj inquiry (Mas,ala) number (1361).
(QUESTION)
- I am a specialist physicians in gynecotokology I have performed physical examination to a patient and as a result of my error and negligence , I have caused defloration of the virgin patient. Is it obligatory for me to pay blood money ? what is its amount ?
(Answer)
Yes, it is obligatory for you to pay blood money , in the assumed inquiry , which is the amount of dower of girls alike to her befitting , her condition and her esteem.
What do we mean by this is the inequality between dower of a virgin alike to her and that of a woman who is not a virgin.
(QUESTION)
- I am a specialist physicians in children surgery and I deal with children under legitimate majority , and sometimes because of my error and negligence, it is obligatory for me to pay legitimate blood money. Are blood money of a child before majority and blood money of legal age man equal in a mount ?
or is the blood money of a child before majority be less ?
(Answer)
Yes, they are equal in amount and there is no difference between them. Yet , the some thing would happen to fetus before confinement provided that it has soul existence. Thus blood money is completely obliged when miscarriage is to happen after the existence of the seul.
(QUESTION)
- I am a specialist surgeon and had performed a surgery to a mad person who died after operation had finished as a result of my error and my negligence. Is it obligatory for me to pay legitimate blood money to the guardian of mad person or not ? And there are two cases in this inquiry (Mas,ala) :
1- If sort of madness is occlusal.
2- If sort of madness is temporary.
(Answer)
If his death is attributed to surgery , it will be obligatory for you to pay complete blood money and there is no difference whether his madness is occlusal or temporary.
(QUESTION)
- I am a Muslim man and I made my son , who is twenty years old , do the operation, the one who had performed the surgery was a non- Muslim surgeon. whose error and negligence caused my son's death. Do I have to claim legitimately on blood money because of my son's death ?or else , I don't have to because the religion of the guilty is not Islam ? what is the solution in case the religion of the surgeon is not to legislate blood money in exchange for this sort of murder ?
(Answer)
If death of your son is attributed directly to the physician's negligence , you will have to claim on the complete blood money and there is no difference whether the physician is Muslim or non- Muslim.
Concerning the second inquiry , there is no difference whether blood money is legislated in his religion or not .Hence ,it is clear that direct performance means the direct person to perform operation of impairment whose fulfillment makes blood money obligatory. This all to happen in case it is not intended. however, if impairment is intentionally performed and that has caused death , in this case , punishment , not warrant, will be valid provided that guardian of the killed accepts blood money instead of punishment. We will take medical examples of limiting direct performance and in form of medical plebiscite.
(QUESTION)
- In operating room the medical staff who performs surgery is usually consist of the specialist surgeon , assist an surgeon, anesthesiologist , assistant anesthesiologist , and assistant nurse to help the surgeon. Who is the direct doer , then in the following cases of murder ?
1-A surgeon has cut off a healthy artery from patient's body during the operation and that has caused patient's death (because of cutting off the artery) ?
(Answer)
The direct doer , in the assumed inquiry , is the person who has cut off the healthy artery himself from patient's body , he is neither anesthesiologist nor assistant surgeon. Yes, if patient's death is attributed to additional drugs of anesthesia not to surgery , the blood money would be on the anesthesiologist (the physician who has performed anesthetization) However ,the blood money would be on assistant surgeon if he is the person who has cut of the healthy artery which patient's death attributed to.
2-An anesthesiologist has given extra dose of anesthetic which has caused patient's death during operation.
(Answer)
The blood money, in the assumed inquiry , is obliged on anesthesiologist with existence of two conditions :
A-He is the direct performer of anesthetization.
B- patient's death is attributed to him and not to the surgery.
3-An assistant surgeon has cut an artery by mistake ,and has done it under direction of specialist surgeon which caused patient's death (patient died because of cutting off the artery ). This inquiry has two cases :
A-the assistant surgeon doesn't know that cutting this artery off is incorrect because his experience is less than the specialist physician,s
B-the assistant surgeon knows that cutting off this artery is incorrect and it caused patient's death but he does not tell specialist surgeon. Consequently , he has cut it and the patient died ?
(Answer)
As for the first case , if cutting the artery off is performed according to the order of specialist surgeon , blood money is likely to be obliged on specialist surgeon without his assistant who works spontaneously according to surgeon's direction in away similar to an instrument.
However, if he is not commanded by surgeon and has performed its cutting on assumption that it is one of the fundamentals of surgery , he will be obliged to pay blood money. Concerning the second case, blood money would be on the assistant without the specialist surgeon.
However, it is obligatory for surgeon to be punished if he knows that it is improper to cut the artery off yet , he has done it intentionally in spite of his familiarity with the fact that it would cause patient's death. In this case , the legitimate rule is punishment but because it can not be performed , the rule is to turn into blood money.
4-Assistant anesthesiologist has given the patient a high dose of anesthetic under direction of anesthesiologist which has caused his death and there are two cases :
A-the assistant anesthesiologist does not know that this is a high dose which causes death because familiarity with doses of anesthetic and pointing out their amount are functions of anesthesiologist and not of assistant anesthesiologist ?
(Answer)
When assistant anesthesiologist is ignorant of the case , and giving the high dose of anesthetic and identifying its amount are done according to command of anesthesiologist , it is most likely that the blood money would be on anesthesiologist on the basis that the assistant is like a tool as well as the patient who drinks medicine.
However, if the anesthesiologist does not indicate the amount of dose and has ordered his assistant to anesthetize on assumption that he knows its amount but the assistant has increased it without asking the anesthesiologist ,the blood money would be on him and not on the anesthesiologist .
The result is commonly known that patient's death is caused by order of anesthesiologist if he has pointed out the amount of dose and has ordered it to be given to patient and the assistant is ignorant of that the does is more than enough and its increase causes death.
B-the assistant anesthesiologist knows that this dose is high and it causes patient's death but he does not tell the anesthesiologist of that and consequently he has given the patient the dose and the patient has died ?
(Answer)
In this case , the blood money is on the assistant.
(QUESTION)
- In halls of emergencies in hospitals , patients are usually received and treated by a medical staff consists of specialist physician , resident physician , pharmacist who dispenses prescription and doctor's assistant who gives drugs , injections , and puts liquids together by vena to paint's asleep in halls of emergencies. Who is the direct responsible , then , for the following cases of murder ?
1-A specialist physician has prescribed incorrect medicine for a patient and the resident physician has written the prescription according to directions of the specialist physician. The pharmacist , then , dispensed it according to prescription of the resident physician. After that , doctor's assistant gave the patient the improper medicine and that caused patient's death .
(Answer)
In the assumed inquiry , it is most likely that the blood money is on the specialist physician , since the direct person to drink the deadly medicine is just like a tool and he works spontaneously according to orders coming to him , he has no choice practically and therefore , he is obliged to do so , and there is no difference in this matter whether the specialist physician be negligent or be in capable the intention is that if he is negligent , he will be guilty in addition to blood money bligation .
2-A specialist physician has prescribed medicine correctly for a patient but the resident physician has mistaken writing the prescription and has written incorrect medicine, instead. The pharmacist , then , dispensed the incorrect medicine according to prescription of the resident physician . the doctor's assistant , after that , gives the patient the incorrect medicine which consequently , causes patient's death ?
(Answer)
On this assumption , blood money is obligatory on the resident physician who has mistaken writing prescription.
3- A specialist physician has prescribed patient the correct medicine , the resident physician has written the medicine correctly in prescription. The pharmacist , however, has made an error when he dispensed another medicine which has killed the patient instead of healing him from disease and the doctor's assistant gives this medicine to the patient who died consequently.
(Answer)
According to this assumption , the blood money is most likely to be on the pharmacist .
4- A specialist physician has prescribed the correct medicine to the patient , the resident physician has written it correctly in prescription and the pharmacist has dispensed it correctly, as well. however , the doctor's assistant has made an error in the way of giving the medicine to patient which caused the patient's death ?
(Answer)
On this assumption , the blood money is on doctor's assistant .
(QUESTION)
- In juristic books including pragmatic dissertations which indicate legitimate rules , a clause is usually mentioned (if the physician is in capable) what is the meaning of a physician being (in capable) in field of medicine ?
(Answer)
It means that he is excused from his mistake in treating a patient in return for his being negligent and not excused. When a physician , for example , has examined a patient and diagnosed his disease after making examinations , rays and analyses , in this situation , if he mistakes some primary principles theoretically or practically , he will be excused , that is to say , he is in capable not negligent .
(QUESTION)
-Is physician's getting bachelor's degree in medicine and general surgery (M.B.CH.B.) , his getting a license to practise medicine from the medical association and getting its membership and its identity to be considered legitimately enough for his practicing medicine , or else , it is conditional on having experience and practical practice ?
(Answer)
medicine has legitimately a special importance since health of society as all and its security depend on it and wherever medicine is unavailable , the society will be sick , underdeveloped , and uncultured as well because a sound mind in a sound body.
Accordingly , the function of each physician legitimately is that he is to practice medicine depending on the exact amount of experience that he has and nothing more , and it is not permissible for anyone to practise medicine unless he is qualified for its practicing.
(QUESTION)
- Some doctor's assistant and technicians working in hospitals are sometimes motivated by a claim of having knowledge in medicine and sometimes motivated by curiosity to prescribe remedies to patients. If a patient died because of one of these prescriptions from those persons who are not physicians , would they be responsible and be obliged to pay bloodmoney ? (with consideration that the patient knows that those persons are not physicians and they are not qualified for prescribing a remedy for patients) ?
(Answer)
Yes , they are obliged to pay bloodmoney if the patient does not know the case and thinks that they are physicians , However, if he knows the case yet he does what do they tell him to do and drinks the remedy willingly and by his choice , they would not be responsible if he died .
(QUESTION)
- Many persons in the society are practising different kinds of branches of medicine making them a source to earn living though they are not physicians and they do not study medicine academically and they do not have medical certificates which enable them to practise medicine yet they have acquired some information about this field by experience and practical practice for years. The best example of persons as those is the bonesetter , who cures fractures and some bone diseases in spite of the fact that the physicians who are specialized in orthopedic surgery and fractures are available in most of the inhabited places in the present time ?Is it permissible for those persons to practise the job of (bonesetter) ? Are they considered responsible ? Are they obliged to pay bloodmoney or not in case the patient's died.
(Answer)
Yes, it is permissible for them to practise job of (bonesetter) depending on the amount of experience which they have in field of medicine and nothing more.
They would be obliged to pay blood money if they practise this job out of their experience and if this practicing has made the patient die.
(QUESTION)
- A specialist surgeon in urinary surgery has performed an operation out of his specialty (let's assume it be reconstructive surgery and burns) and he knows that he is unable to perform a surgery like this because it is out of his field of specialization and if this surgeon performs it , there will be a serious danger on patient's life and it might cause him death . However , the surgeon has performed it to the patient who died because of it The question , here , is :
A-Is this sort of murder to be considered murder on purpose , or similar to premeditation , or obsolute mistake ?
(Answer)
Yes , this sort of murder is considered a murder on purpose if the surgeon who performed the operation knows well that it is out of his field of specialization and it might cause patient's death because he is not acquainted with it and inspite of that he has performed the operation which caused patient's death. Consequently , it is a murder on purpose and punishment is obligatory first. if patient's death does not resultant by any reason , blood money will be paid and the guardian of the killed has the right to forgive him the punishment and take blood money instead.
B-Is punishment , or blood money obligatory on the physician ?
(Answer)
It is clear from the above.
(QUESTION)
- A practitioner has performed a surgery to a patient in his abdomen and he knows well that there will be a serious danger on patient's life if he performs the surgery because he is not a specialist physician in general surgery and inspite of this fact he has performed the operation which made the patient die (he died because of the surgery). The question is :
A-what is the sort of murder in this case , is it a murder on purpose , or a murder similar to premeditation or is it an absolute mistake ?
(Answer)
The murder , in the assumed inquiry is premeditated and punishment is obligatory on the murder if there is a reasonable possibility that it will make him die as mentioned above.
B-Is punishment , or blood money obligatory on the physician ?
(Answer)
It is clear from the above.
(QUESTION)
-If a physician seek the help of a radiological and laboratory examination (hemic , tissular , pathological) and all the proper medical aids depending on them in diagnosis but these examinations are originally wrong and the physician does not know about that. Depending on these radiological and laboratory examination , the physician has given the patient an injection into blood-stream which makes him die. The question is : Is the physician responsible for the case ? Is blood money obligatory on the physician ?
(Answer)
Yes, the physician is responsible for the blood money , in the assumed inquiry the murder is committed by mistake.
(QUESTION)
- In the previous inquiry number (23), if physician prescribes the improper intravenous injection depending on wrong radiological and laboratory examination which the physician knows nothing about its fault and the nurse has given the patient this intravenous injection which makes him die , Is the physician responsible for patient's death and blood money payment ? or else, is the nurse the only responsible person and he is obliged to pay blood money ? or both of them (the Physician and the nurse ) ?
(Answer)
The blood money would very likely be on the Physician who has ordered the nurse to give the patient the fatal injection prescribed by him on the basis that nurses movements in treating patients with different sorts of diseases in hospitals such as giving drugs and so on are spontaneous according to the general system followed in these hospitals.
(QUESTION)
- If a Physician has done his best in diagnosis and he does not neglect but he mistakes the diagnosis because some diseases are similar in clinical symptoms and thus , they conceal the right diagnosis from even many of specialist Physician who have much experience in work. This incorrect diagnosis consequently, leads to give the patient intravenous injection by the Physician which has caused patient's death. Would the Physician be responsible for this case or not ? Is blood money obligatory on him or not ?
(Answer)
Yes, the Physician is responsible for blood money even though he is guiltless , in the assumed inquiry , because he is excused and not negligent.
(QUESTION)
- Is it legitimately obligatory for a physician after graduation from college of medicine to go on studying and reading new medical books in order to be acquainted and familiar with the latest development in remedial and diagnostic instruments and be able , then , to give the best services to Muslim patients and to keep themselves ?
(Answer)
If he wants to practise and carry out the job of medicine, he is obliged to keep on reading and studying in order not to be negligent in carrying out his job and not to be legitimately punished.
(QUESTION)
- A physician graduated before ten years from college of medicine and during his study in college , he read about the remedy for one of diseases, let's suppose the disease (a) is cured by the remedy (b), and nowadays the physician has treated the disease (a) by the remedy (b), but the patient has died and the reason is the remedy (b). After consulting new medical books in their latest print, it becomes clear that the remedy (b) is improper to cure the disease (a) because of its further complications and the discovery of the remedy (c) for the disease (a).
Consequently , the medical staff has recommended the physician not to use the remedy (b) and use remedy (c) instead. The question is :Would the physician be responsible for the family of patient who has died because of using remedy (b) ?Is blood money obligatory on him or not ?
(Answer)
Yes, blood money is obligatory on the physician in the assumed inquiry.
(QUESTION)
- Is it legitimately obligatory for a physician to keep to way of treatment as it is mentioned in reliable medical books which are compiled by universal medical staff and which are results of deep and long researches and studies ?
Or is it permissible for him to strive to give the treatment and be in compatible with medical books at times because of his personal in certainty of these books and at other times because he has tried to give another treatment and has succeeded once or twice with respect to the fact that in trial to give treatment , he is not reliable on researches , studies and exact scientific bases , on the contrary , it is a personal effort only making Muslim's spirits subjected to a serious danger ?
(Answer)
It is not permissible for him to attempt a treatment which may subject the patient to danger of death.
However, each physician should practise all requirement of treating patients accurately including analyses and examinations and the like.
(QUESTION)
- What is the rule of a physician who puts an end to patient's life suffering from one of irremediable diseases which is not curable and accompanied by enduring pains when the physician puts an end to the pains of patient putting an end to his life as a kind of mercy to him. Is blood money or punishment obligatory upon physician in the following cases :
1- A patient does not ask the physician to put an end to his life ?
(Answer)
The punishment is obligatory upon the physician and there is no difference whether the patient asks or does not ask the physician to puts an end to his life and there is no effect of patient's asking and his agreement .
2- A patient asks with his tongue and has written a paper by his hand to declare his agreement upon physician's putting an end to his life ?
(Answer)
The answer is clear from the previous discussion.
3-what is the sort of murder in this case, is it a premeditated murder , or similar to a premeditated murder , or an absolute mistake ?
(Answer)
Yes, it is a premeditated murder not similar to a premeditated one.
(QUESTION)
- Is it obligatory for physician to feed compulsorily a man who is going on a hunger strike in order to save his life from death or not ?
(Answer)
Yes, the physician is obliged to feed a man compulsorily if saving his life depends on it on the bases that saving Muslim's life from doom and death is a legitimate duty of everyone able to do it .
(QUESTION)
- I am a physician and I was attending to watch the condition of a patient's health who was going on a hunger strike. while I was sitting beside him , he died because of not having food. I was able to feed him compulsorily through vein and save his life from death. Am I responsible then to the family of the person who was going on a hunger strike for his death or not ? Is blood money obligatory upon me or not ?
(Answer)
There is no blood money upon you according to the assumed inquiry. however, you would be responsible infront of Allah and be punished if you are aware that saving Muslim's life is a legitimate duty of everyone capable of it.
(QUESTION)
- Is it obligatory to take permission of the one who is going on a hunger strike or permission of his guardian before feeding him compulsorily and putting an end to his hunger strike , or is it not obligatory ? with consideration to the fact that if he is going on his hunger strike , he will certainly die.
(Answer)
It is not obligatory to take permission of the one who is going on a hunger strike or the permission of his guardian in order to feed him compulsorily. If hunger strike is dangerous for his life , it is obligatory then to save him by any available means even if it is compulsory.
(QUESTION)
- Would a physician be responsible for making an error in writing a word instead of another or a dose instead of another one with consideration to the fact that a physician is not infallible from committing mistakes and probability of mistakes is possible in medicine , would the physician then be legitimately responsible for errors such as these in the following two cases :
1-there is a large crowd of patients come to consult a physician and there is noise as well that makes the physician do errors in writing the remedy.
(Answer)
If errors in writing a word instead of another word or in writing a dose instead of another one are based on his leniency and carelessness even if it is because of a large crowd of patients , the physician will be negligent. If this leniency caused patient's death. Blood money would be obligatory upon the physician in addition to his sin. However, if errors are not based on his leniency and his negligence , he will be sinless but blood money is obligatory upon him.
2-there is not a large crowd of patients in the clinic but the physician is careless a bout his work and he has written incorrect prescription which causes wrong medicines and drugs selling ?
(Answer)
The answer is mentioned previously.
(QUESTION)
- I am a physician and I usually write prescriptions to patients but the problem is that my handwriting is not distinct and that sometimes causes the wrong remedies to be sold by pharmacist because the pharmacist can not read my handwriting distinctly. I have tried to improve my handwriting but without any use because my handwriting is still not distinct and selling the wrong remedies is still continuous. My question is: Am I legitimately responsible for my errors in writing prescriptions though I have done my best to prevent doing errors like these , or not ?
(Answer)
If error in writing medical prescriptions causes the patient to die or makes his disease severer, the physician would be responsible for patient's death in addition to blood money payment. In this case, his function is to advise the patient to consult the physician again after buying the remedy from a pharmacist in order to be sure of the rightness of the medicine.
(QUESTION)
- What is the rule of medical experiments which are carried out upon patients so as to prove the suitability of the new medicines and remedial methods which are recently introduced to raise the scientific level of medicine, thus rise the level of services given to mankind in general and reduce suffering of man in this life.
What is the rule of medical experiments upon patients the in following cases:
1-the new medicines are used for curing simple cases and symptoms such as slight headache and slight rash and there is no serious and fatal harm in these new medicines which are in an experimental state now ; However, these experiments are performed without patient's knowledge and his agreement ?
(Answer)
It's not permissible to carry out these experiments without taking patient's permission and his agreement when these experiments require to treat patient's body.
2-the new medicines , which are in an experimental state now , are used for curing simple cases such as slight headache and slight rash and they do not cause a serious and fatal harm to a patient. These experiments are carried out with patient's knowledge and his agreement spoken and written by his handwriting telling his agreement to carry out these experiments upon him taking upon himself all their complications.
(Answer)
There is no objection to it with the agreement in the assumed inquiry.
3-the new medicines , which are in an experimental state now , are used for Curing serious and difficult cases such as cancer , nerves and heart diseases which have a very possible harm on the patient who is in an experimental state and perhaps the harm is fatal , these experiments are carried out without the patient's knowledge and his agreement ?
(Answer)
It is absolutely certain that this experiment is not permissible with possibility that it could cause the patient to die.
4-the new medicines , which are in an experimental state now , are used for Curing difficult and irremediable cases such as cancer , nerves and heart diseases which have a very possible harm which might be fatal to a patient , these experiments are carried out with the patient's knowledge and his agreement spoken and written by his handwriting telling his agreement to carry out these experiments upon him taking upon himself all their complications ?
(Answer)
It is legitimately not permissible for any patient to give permission to carry out an experiment such as this upon him which may cause him to die. Consequently , it is legitimately not permissible if he is familiar with the experiment and has performed it deliberately and this experiment has caused the patient to die , the physician should be punished , if the assumed inquiry has a rational possibility.
(QUESTION)
- Is it permissible to give money to some persons in exchange for carrying out medical experiments to introduce new medicines or is it not permissible in the following two cases ?
1- Experiments are simple , easy and have limited harms, they do not usually cause the person upon whom the experiments is carried out to die ?
(Answer)
It is permissible provided that the experiments should be simple and do not cause the person a great harm or cause him to die , they should also be carried out with his agreement and his permission. However , it is not permissible if experiments are difficult and might cause a great harm or make the patient die.
2-Experiments are difficult and complicated and cause a great harm , they might cause the person upon whom experiment is carried out to die ?
(Answer)
The answer is mentioned above.
(QUESTION)
- Is it permissible to carry out medical experiment , to introduce new medicines , upon patients suffering from incurable diseases such as adenocarcinomas which are in most cases can not be cured and cause the patient to die after limited period of time ? if it is permissible , is it obligatory to take patient's permission or his guardian's ?
(Answer)
It is explicit from what is mentioned that if there is a rational possibility that experiments cause a great harm or cause patient's death , it would not be permissible even with the agreement because it is obligatory not to make wrongdoing be permissible.
(QUESTION)
- A surgeon's working in operating theatre and there is no one with him except a female anesthesiologist , is it considered a case of forbidden privacy ? considering that the operating theatre is completely closed ?
(Answer)
Privacy itself with a foreign woman is not forbidden unless it is on the occasion the forbidden is to occur , and God knows best.
(QUESTION)
- Is it permissible to consult a skilled physician who is not pious ? if it is permissible is not consultation to be considered help on sin ?
(Answer)
Yes, it is permissible to consult a skilled physician especially when there is no other skilled physician and this consultation is not to be considered help on sin . In addition to that , there is no evidence in forbidding help on sin in this wide and forbidden exposition but it is the cooperation with others on sin , this consultation is also a help on sin if he knows that the physician referred to is spending the money taken from patients come to consult him on the absolute forbidding , and God knows best.
(QUESTION)
- Some attentive surgeons (the legislator) make a text of discontinuous contraction with a woman patient to rebut inviolability of examining genitals? what is the rule of this discontinuous contraction? (with the absence of forbidding)
(Answer)
There is no objection to it .In fact , it is ought to on condition that there is no barrier to this discontinuous contraction on her, and God knows best.
(QUESTION)
- A woman doctor is performing a surgical operation to a woman patient. During the operation , a new case is to happen to the patient and no one could help except the man surgeon because it is not the specialization of gynecologist (such as specialization in urology or in general surgery).what is the rule of surgeon's coming in to remedy the case of the patient considering the fact that examining genitals should occur ? and woman patient does not know that man surgeon will continue the surgery , and is it obligatory for surgeon to take permission from the patient or her guardian before coming in or not ?If patient's guardians refuse surgeon's coming in , is it permissible for him to leave the patient dying without saving her life ?
(Answer)
In the assumed inquiry , if leaving the patient in her case causes her death , it will be obligatory for the specialized physician to come in operating theatre and save her life , and it is not dependent on the permission of patient's family neither in coming in operating theatre nor in performing the operation ; however, it is not permissible for them to prevent the surgeon from coming into the operating theatre and doing the operation. The patient is not allowed to abstain from permitting it , yes, if leaving the patient does not cause her death , then , it is obligatory to take the patient's permission without her family's if she is adult and rational , and if she is irrational and mad with madness that is continuous from the time of her juvenility , it is necessary to take permission from her father or her grandfather this is on condition that her remaining without performing the operation is not critical on her , and God knows best.
(QUESTION)
- During a parturition , a woman doctor is obliged to choose between saving the life of a mother or saving the life of a child only. Which one is to choose first ?
(Answer)
If she is unable to save the life of both of them and able to save the life of one of them only she will have to choose between saving the mother's life and saving the child's , and God knows best.
(QUESTION)
- A physician has given the patient a medicine , or performed a surgery to the patient who died because of the medicine or because of the surgery ?.....what is the rule of the physician if he is unable ?
(Answer)
If the physician is the direct performer in treating the patient when he injects a syringe into the patient or makes him drink the medicine and then ,the patient died because of this, blood money would be obligatory upon him , if he is extremely unable he would not deserve punishment. However , if he is negligent he would deserve punishment. If the physician prescribes a medicine or gives it by hand and the patient drinks the medicine willingly and independently , blood money would not be obligatory upon him. However, if he died during the operation which the physician himself is carrying on, blood money would be obligatory upon him when his death is attributed to operation otherwise blood money is not obligatory upon him , and God knows best.
(QUESTION)
- Some physicians specially non- Muslims and Muslims who are not pious advise the patient to have a drink as a remedy for some cases ?what is the rule of such advices? Are they legitimately permissible or not ?
(Answer)
If patient's treatment is restricted to have a drink following doctor's advices , it will be permissible for him to follow doctor's advices and the patient is permissible to have it , otherwise it is not permissible and God knows best.
(QUESTION)
- Some medicines have alcohol in their manufacture. what is the rule of the patient who is having such medicines and what is the rule of the physician?
1-In case the patients know that a medicine has alcohol in its manufacture ?
(Answer)
There is no objection to drink medicine having alcohol because having such medicines does not mean having alcohol as it is used up and it does not mean having the impure as well. Alcohol of all its sorts which used in medicines are ruled on impurity according to our legal rules and there is no difference between being acquainted with it or not , and God knows best.
2- In case the patients does not know that a medicine does not have alcohol in its manufacture ?
(Answer)
It is explicit from the above.
(QUESTION)
- A physician asks about criterion of price control for medical examination on patient , is it efficiency , specialization or there is nothing to control this issue ?
(Answer)
In Islamic law there is nothing to limit payment of medical examination and the criterion is payment of a job like this with consideration to efficiency and specialization which differ according to efficiency and specialization of physicians as in the state of all holders of professions. Anyhow, the right path is equity and justice to whom Islam pays a great attention to , and God knows best.
(QUESTION)
- Some research scientists in pharmacology try out some medicines on animals , though these experiments could cause the animal to die or cause it diseases which do harm to it . what is the rule of such experiments on animals with consideration to the fact that the aim of these experiments is to discover new medicines in order to serve man to lessen his suffering from diseases ?
(Answer)
There is no objection to it , and God knows best.
(QUESTION)
- What is the rule of making experiments of medicines on an atheist in case :
A-He has knowledge of these experiments ?
(Answer)
Experiments such as these ought to be tried on animal not on man , and God knows best.
B-He has no knowledge of these experiments ? though the aim of these experiments is to discover new medicines to serve man and to lessen his suffering from many diseases ?
(Answer)
This is explicit from the previous discussion.
(QUESTION)
- I am a witness on one of the surgeon who makes a mistake during a surgical operation. His mistake causes the patient's death. The surgeon does not tell patient's family about that. Is it obligatory for me to tell patient's family about that or not ? what is my rule in case I am reticent ? and what is the rule of the surgeon ?
(Answer)
Blood money is obligatory upon the surgeon if his mistake in the operation has caused the patient to die. Concerning your telling patient's family about that , it is not obligatory for you to do it .It is not permissible for the surgeon to keep him self silent but he ought to go back to the family of the killed and pay them blood money or please them with forgiveness , and God knows best.
(QUESTION)
- Pure blood elements alone such as pure leukocyte or pure erythrocyte or blood plasma , are they considered pure or impure ? Is blood analysis to its elements is considered a process of transformation ? or not ?taking into consideration that these elements after being separated are given to patients through special bags according to patient's need ?
(Answer)
If these elements are blood combinations, they would be impure , and God know s best.
(QUESTION)
- A person has taken some medical requirements from a hospital and he is ignorant that it is forbidden to take them. His ignorance becomes more after his consuming what he has taken , what is his rule ?
(Answer)
If he is rich , he ought to give a charity equal to the value of these medical requirements to the poor , and God knows best.
(QUESTION)
- Some persons go frequently to hospitals to take a medicine (buy a medicine by a regular medical ticket) in exchange for a trifle amount of money and sell it out of the hospital in expensive prices though this behavior might cause the patient to be deprived from his chance to get his medicine from the hospital.
A-what is the rule of persons who take the medicines ?
B-what is the rule of the physician who has knowledge of that yet he has given them the medicine ?
C-what is the rule of this sale ?
D-what is the rule of money taken from this selling ?
(Answer)
All this is not permissible because it leads to disturbance in order , hurly-burly and wasting rights of others so the rule of money taken from that way becomes explicit.
(QUESTION)
- Who is the person legitimately authorized to give permission and quittance for physicians in order to start treating the patient ?
(Answer)
It is dependent on patient's permission if he is adult and rational , if the patient is not adult , his treatment will depend on the permission of patient's guardian ,and God knows best.
(QUESTION)
- What is meant by permission which the physician takes from the patient before starting the treatment ?
(Answer)
It means the patient or his guardian agrees to physician's treating him , and God knows best.
(QUESTION)
- Is patient's giving oral permission (by speech only) to physician enough to his starting the treatment , or is it obligatory to be written on a paper in order to be legitimately valid ?
(Answer)
What is important is the hearty agreement to treatment , what makes it explicit might be the utterance , it might be the writing , or it might be the patient,s - performance. The patient consulting the physician uncovers his agreement to treatment and God knows best.
(QUESTION)
- What is the legitimate text of the permission which a patient gives for the physician before starting the treatment when it has a particular and a literal text legitimately defined ?
(Answer)
The permission has no particular text , and God knows best.
(QUESTION)
What is meant by quittance (al-Ibraa,) which the physician takes from a patient before starting the treatment ?
(Answer)
Quittance (al-Ibraa,) means that the physician is being released from responsibility and from blood money on a wound during the operation , and God knows best.
(QUESTION)
- Is it legitimately enough to write the quittance on papers in order to be legitimately valid ?
(Answer)
Concerning quittance, there is not a particular text to be considered; However, quittance need to be shown outside whether it is shown by acting , by writing or by saying and God knows best.
(QUESTION)
- What is the literal legitimate text of quittance the physician takes from the patient if it has a particular literal legitimate text ?
(Answer)
It is mentioned that the quittance has no particular text and God knows best.
(QUESTION)
- In emergencies such as roads accidents and serious bleeding and the like which require a very quick surgical treatment to save patient's life from death and there is no way to save him except the surgical treatment.
In this inquiry, there are two cases :
-the first case :A patient is in serious danger and needs surgical treatment to save his life but his guardian rejects it for illogical reasons: he is sometimes not convinced of the surgeon or not convinced of the hospital or he is certain that there is no necessity to the operation according to his personal estimation considering that the patient's guardian is not specialized in medicine. Does taking permission from patient's guardian cease to be effective in order to do surgical treatment or not ?
(Answer)
If the patient is suffering from a serious case and needs surgical treatment, it would be obligatory for the physician to perform the operation to save patient's life and the physician does not need the permission of patient's guardian. However, if patient's guardian tries to prevent physicians from doing the surgery referred to his prevention will be valueless and will have no effect because physician's function in front of god (swt) is to save patient's life by performing the surgery in any case , and God knows best.
-the second case :the patient is suffering from a serious case and needs surgical treatment. He arrives at hospital alone without his guardian or anyone of his family and there is no chance to communicate with patient's family to get permission. Does taking permission from patient's guardian legitimately cease to be effective to do the surgical treatment ?
(Answer)
Yes, it ceases to be effective as it is mentioned.
(QUESTION)
- Does responsibility on the physician cease to be valid in case the physician takes permission and the quittance from the patient and he does not neglect in treating the patient but he arrives at loss unanimously ? for a number of reasons one of them is unavailability of medical apparatuses enough to treatment , or unavailability of enough Medicines , unavailability of quick means of saving life such as body shock apparatus or blood transfusion bag and other things which are not the physician's responsibility or his duty to provide them for the patient but they are duty of hospital management ?
(Answer)
Blood money on the physician does not cease to be valid through permission and quittance from the patient if his death is attributed to the surgery even if the physician is not negligent in it since no one can permit the operation absolutely even if it causes him death since man's authority over him self is not fixed , as a result acquitting the physician of blood money is valueless.
However, blood money is fixed when the surgery causes the patient to die even if the physician is acquitted by the patient himself , concerning loss of members ,blood money is also fixed if these members are primary ones , if they are not primary blood money will not be obligatory upon the physician with the permission and the quittance of the patient when the physician is not negligent , and God knows best.
(QUESTION)
- Is it obligatory for the student to introduce himself to a patient and asks him to practice medicine because the patient perhaps thinks that this student is a doctor. Then allows him to practice medicine. Is the identification card having student's name written on it and hanging on his chest enough to prove his identity ?
(Answer)
If he is unable to acquire patient's approval through practicing ,he introduces himself. In order to introduce himself it is enough to have the identification card with a name written on it and hung it on his chest if the patient is attentive to it.
(QUESTION)
- Does the patient have the right to reject practice that medical students especially when a hospital where he stays in might be used for therapeutic and educational purposes together ?
(Answer)
Yes, it is permissible for the patient to reject that and it makes no difference whether the hospital is educational or not educational except in obligation of confinement and when general welfare is resulted from it.
(QUESTION)
- If a patient agrees to student's practicing him but during the practice patient's case becomes worse or his pain becomes more. Is it obligatory for the student to stop ?
(Answer)
If practicing the patient is a cause to increase patient's pain or make his case worse, it would be obligatory for student of medicine to stop practicing. However, if there is another reason to increase pain not because of practicing , and if it is equal for the patient's case whether there is or there is not practice , it would be permissible for the student to go on practicing on condition that his behaving towards patient's body should not be more than what is required , otherwise it is not permissible except in a special case.
(QUESTION)
- Is it obligatory to take agreement on practicing from patient's companions in addition to patient's agreement if he is: a- adult b- child ?
(Answer)
It is not obligatory to and the agreement of patient's companions has no influence in this , However, it is conditional on patient's agreement if he is adult ; if the patient is youth , it is permissible for his guardian to permit practicing on the patient when it is not harmful , otherwise, it is not permissible.
(QUESTION)
- Is it permissible to practice medicine in the following cases when the patient is unconscious ?
A-If agreement is taken from him before his unconsciousness ?
(Answer)
This agreement is helpless in permitting practice on a patient after being unconscious.
B-If agreement in never taken from him ?
(Answer)
The legitimate rule is mentioned above.
C-when agreement is taken from patient's companions after being unconscious ?
(Answer)
It is mentioned that the agreement of patient's companions has no influence whether it is taken before or after his unconsciousness.
D-when agreement is taken from a patient before his unconsciousness and taken from patient's companions after his unconsciousness ?
(Answer)
The answer is mentioned above.
(QUESTION)
- A patient when unconscious and has no companion, is it permissible to examine him by a medical student ?
(Answer)
It is permissible to examine him for the purpose of treatment.
(QUESTION)
- A medical examiner performs a postmortem examination of body according to an order from police or a judge in order to learn the cause of death , what is the legitimate rule of this physician's job with consideration to the fact that he could detect many crimes ?
(Answer)
It is permissible for this physician to do this job when detecting and proving a crime depends on that. Concerning autopsy of an a theist or of one who has dubious Islam , it is permissible and there is no objection to it. Concerning autopsy of a Muslim's body , is it permissible to ?
(Answer)
this subject needs a brief introduction, that is , any society in the contemporary world cannot manage without existence of medicine fitting for its time otherwise it is an unhealthy and underdeveloped society , attached to a society in middle ages and valueless in this present time, there for , a death and loss rate among individuals and classes of this society exceed in number a death rate among individuals and classes of civilized and high societies, this fact requires Islamic society to give serious attention , rapid and continuous attempt in order to reach contemporary and advanced sciences and developed technology including science of medicine in all its sorts and departments because power of each society economically, politically , socially , and culturally , materially and immaterially is achieved through power of knowledge and developed technology. Hence, all Islamic states should provide all possible means in order to get these contemporary sciences and technology , thus , Islamic states can prevent the foreigner from interfering in there affairs and their country. On this basis , public interest requires Muslims to do their best to get developed technology including medicine with all its fields of specialization according to needs of the society in present time. It is natural that getting to advanced medicine depends on autopsy of a Muslim dead practically in Islamic state and on looking at what is forbidden to look at and what is forbidden to touch and so on, but it is explicit that self-interest and personal blight do to compete with public interest of state for Islam and Muslims , therefore , it is permissible to practise these jobs for public interest by which power of Islam comes into sight and prevents the foreigner from interference. If medicine in Islamic society is weak and underdeveloped as it does not satisfy needs of society , this makes the society naturally open the way in front of the foreigner and invite them to enter the country in order to serve in field of health. It is explicit that when foreigners enter a country of Muslims for giving the service mentioned , they will circulate their straying ideas and their trite culture on one side , and defame the reputation of Islam and Muslims on the other side, therefore , it is obligatory for Muslims to pay
attention to medicine in all its sorts, get it , and satisfy their needs through it.
Concerning practicing of each one of Muslims, who is studying medicine, these jobs in preparation for getting to medicine, it depends on the following specifications :
The first: He should have personal ability to analyse inquiries of medicine.
The second: giving serious attention and continuous effort in order to reach it according to needs of the society in each epoch.
The third: His purpose from doing practice is to render a service to Islamic and humanistic society in field of health , to save them from serious diseases and death, and to give treatment and remedy according to level of health in the present time. Therefore , it is permissible for each person, when he interests these specifications, to practice the jobs mentioned in preparation for getting to public interest of Islam and Muslims on condition that they should not have a substitute, and thereby , the second question is answered .
(QUESTION)
- Is it permissible to study and practice the specialization of anatomy with consideration to the fact that this specialty is not restricted to study and dissect the dead but it also includes studying on the live ( such as studies of ecchymosed and wounds ) and studies of fingerprint and so on.
(Answer)
The answer is explicit from what is mentioned.
(QUESTION)
- In crimes of ravishment , medical examiner is asked for examining the hymen. Here, there are two questions :
A-Is it permissible for physician to examine her with unavailability of a woman doctor has this specialization , and does the rule differ whether a woman patient alive or dead ?
(Answer)
It is not permissible for a man doctor or a woman doctor to do this unless there is a necessary welfare resulting from it such as saving the considerable soul and there is no difference in this whether she is alive or dead.
B-Is it permissible for students to look at genitals under the pretence of learning ?
(Answer)
They are not allowed to do so unless they have the specifications mentioned.
(QUESTION)
- Is it permissible for students to help the professor of medical jurisprudence when a corpse is dissected ?
(Answer)
Yes, students are allowed to give a help by bringing apparatus and necessary instruments required in dissection as long as they do not share with the professor in the operation.
(QUESTION)
- When a corpse is dissected by a medical examiner, samples from a liver, or a kidney , or from a stomach might be taken for the purpose of examining toxin , what is the rule of this doing ? and what is the rule of these organs which will not be given back to the body ?
(Answer)
It is permissible to do so with consideration to specifications mentioned , and the purpose of this doing is to give a service to society in a form more useful and more accurate. Concerning simple organs , it is not obligatory to give them back to the corpse and there is no rule of these organs.
(QUESTION)
-Is it permissible for a man doctor to specialize in gynecology and obstetrics ?
(Answer)
It is permissible for a man doctor to specialize in studying gynecology and obstetrics theoretically. Concerning practical study , it depends on specifications and conditions mentioned earlier.
(QUESTION)
- Some students of medicine enter a hall of accouchement to learn how to perform confinement and this requires them to look at genitals , is this permissible , since they would possibly be obliged to assist in childbirth in future and save woman's life especially when they are doing their jobs in towns and rural areas ? and is there any difference between a woman student and a man student in a rule ?
(Answer)
If the purpose of looking at genitals is to render a service to Islamic society in field of health and to save the life of many woman in future, it will be permissible , otherwise it is not permissible to , and there is no difference between a woman student and a man student in forbidding looking at genitals .
(QUESTION)
- Some patients ask the medical student about true nature of their illness. Is it permissible for the student to tell the patient about this especially in serious diseases ?
(Answer)
Yes, it is permissible to tell the patient on condition that telling the patient about his illness should not influence on him, otherwise it is not permissible.
(QUESTION)
- Is it permissible for a man student to have practice on his patient though most of woman patients do not care about legal veil (hijjab) and this practice causes touching of body (such as taking pulse) , and is it permissible for a woman student to touch a man patient for the purpose of practicing and learning ?
(Answer)
It is permissible to have practice on a patient with agreement and permission and there is no difference between a woman patient and a man patient , and there is no difference between a woman student and a man student as well. Concerning a woman touches a man and vice versa , it is not permissible unless with gloves. Concerning looking, there is no objection to it if there is no sexual desire and by this the answer of the tenth question becomes explicit.
(QUESTION)
- When touch in the question above is not permissible , is it permissible to touch by a barrier such as gloves ?
(Answer)
The answer is explicit from what is mentioned.
(QUESTION)
- In some clinic examination, the student is asked to examine a woman patient and this requires him to touch her, if the student rejects, he will possibly fail, is it permissible to touch in this case ?
(Answer)
It is not permissible itself . However, it is permissible to when leaving the touch makes him embarrassed. It is also permissible to touch her with a glove on condition that the touch is not erotic.
(QUESTION)
- A professor collects students round a particular patient to explain his case. Here, there are questions :
A-Is it permissible to take permission from a patient , and does the rule differ whether the hospital is educational or not educational ?
(Answer)
It is not obligatory for students to ask the patient a permission when they are listening to doctor explaining patient's case for purpose of learning. Students would be obliged to ask him permission if they treat his body and there is no difference in this whether he is in educational hospital or in some where else.
B-If this explanation causes disturbance to the patient, is it obligatory for the professor to stop or leave ?
(Answer)
If explanation of patient's case causes harm to the patient , it will not be permissible.
C-If a professor rejects to stop or leave , is it obligatory for student to leave or ask professor's permission ?
(Answer)
If students, attendance causing harm to the patient, it will be obligatory for students to leave him; Asking professor's permission has no effect since he does not have guardianship over the patient.
(QUESTION)
- If a patient refuses to unveil parts of his body because of embarrassment , is it permissible for the professor to oblige him to do that under the pretence that this is an educational hospital and this unveiling is an important part of explanation and students, learning ?
(Answer)
It is not permissible to oblige the patient to do so except in an obligation when practicing is restricted to that patient, it would be permissible then with specifications mentioned.
(QUESTION)
- In some consultative clinic and when students are available with a therapist, a patient might refuse to be explained on him , consequently , the physician may refuse to treat the patient, is this permissible ? if the patient obliged to agree on that, would it be permissible for students to come together round the patient and study about him ?
(Answer)
If students, availability with a therapist causes harm to the patient , students , then, are obliged to leave him with an obligation of unrestricted practice to the patient. In this obligation , it is not permissible to oblige the patient on that. Concerning the therapist , he should not refuse to treat the patient.
(QUESTION)
- If a patient or any person asks a medical advice from a student of medicine , is it permissible to give him a medical advice, if the person harmed because of this advice ,would the student be responsible ?
(Answer)
The student is not allowed to give an advice if he does not know the case and whether the advice be useful or harmful and whether its harm is little or much. Yes, it is permissible when he knows that if the advice is harmful , its harm will be little or it does not cause harm.
(QUESTION)
- Is it obligatory for the patient to help student of medicine to learn when he is able to ? and is it permissible to take payment in exchange for that , whether it is a teaching hospital or not ?
(Answer)
It is permissible for the patient to help student of medicine gratuitously or with payment and there is no difference in that whether it is a teaching hospital or not.
(QUESTION)
- In some hospitals there are special rooms a patient enters on condition that he agrees to allow students being taught on him in exchange for payment of examining him , is it permissible for this patient to refuse to accept students, practicing under the pretence that he becomes disturbed or harmed from this ?
(Answer)
He ought to observe the system of hospital and do not disturb it. In non-government hospital if the owner of the hospital makes a condition that the patient , when wants to enter the hospital, should accept to be practiced on , and this is a condition to accept the patient in it , he would not be permissible to refuse.
(QUESTION)
- In clinical examinations , a student is asked to go to a patient and take enough information about his illness and his examination and , then, conclude the diseases and its treatment and there are two questions :
A-Is it permissible for the student to ask the patient about physicians examination to his case and about the treatment which physicians have given him , consequently the examination becomes easy ?
(Answer)
Yes, it is permissible to ask the patient about his illness, physicians, examination to his illness and sort of treatment.
B-If time limited to examination is half an hour and the examined becomes late more than this time , is it permissible to make use of additional time ?
(Answer)
Yes, it is allowed to make use of time unless it is in contrast with system applied in universities , institutes , and colleges. By that time , it is obligatory to apply the system.
(QUESTION)
- when appointing a time for clinical examination , physicians prevent students from attending to the hospital two days before the appointment in order not to find out the cases found in the hospital , is it permissible for a student to go to the hospital during these days to know the cases found in it , or ask physicians present there about the cases ?
(Answer)
It is permissible itself unless it is in contrast with the system. By that time , public order should be observed.
(QUESTION)
- Rare diseased conditions , which students have seldom seen such cases , might come to hospital , what is the rule in the following cases :
A-Is it permissible for the patient to refuse to be practiced on by student ?
(Answer)
Yes, it is permissible for the patient to refuse that .
B-If a patient refuses to be practiced on , is it permissible to oblige him by the professor ?
(Answer)
Yes, it is permissible to oblige him to accept that by physicians and professors if there is general welfare for society in field of health such as saving the person who is suffering from such diseases from death.
C-when the patient obliged , is it permissible for students to practice on him?
(Answer)
Yes, they are allowed to practice on the patient on condition that students should have specifications mentioned .
(QUESTION)
- An accident caused to kill someone and blood money is obliged on the murderer according to Islamic law. When the murderer comes to pay blood money to the killer's guardian according to amount of money legitimately estimated , he refuses to get blood money and asks killer's guardian to double blood money because the killed was a prominent person of clan and the country and it is not suitable for his esteem to have blood money equal to that of common people.
The question is :is it legitimately permissible to double the value of blood money according to social rank and economical status of the killed , or is this matter legitimately not permissible ?
(Answer)
It is not permissible for killer's guardian to ask double blood money because of social and financial rank of the killed since blood money is a legitimate rule made by the legislator on the murder , and its connection is to all these obligated in the same manner on the basis that peoples' connection to Allah (swt) is the connection of servant to God with no difference between rich and poor , president and citizen , Arabian and foreigner, white and black, and so on.
(QUESTION)
- Once, I insulted and offended someone when I was in bad anger. After a few days , the chieftain told me that I ought to pay amount of money called
(Al- Hisham) as a compensation for moral offence which I caused to that person , and the money should be paid to him.
The question is : is it legitimately permissible to take this money under the title of (Al- Hisham) which is a financial compensation for moral offence in case of cursing , insult , or indignity , or is it not permissible ?
(Answer)
It is legitimately not permissible to take money under the title of(Al- Hisham) and compensation since there is no blood money in this but a sin to insult and offend a faithful man , by that means, he commits a grave offense and deserves coming into hell. Yes, its expiation is the true repentance to Allah (swt) when he feels, with all his heart sorry about what he did , so God may forgive it.
(QUESTION)
- Some one proposed to his cousin but she refused. After a period of time , someone else came to propose to her. The young woman and her family accepted his proposal but her cousin did not agree claiming that this marriage should not be completed because when he was refused by the young woman he forbad the girl to marry he had made nahhi on her (forbade anyone to propose to her because of nothing except that clannish convention has given this right to the cousin on his cousin ( the daughter of his aunt )though this young woman is adult and sensible and her guardian is her father who is still alive and both of them accept the marriage, Concerning the cousin (son of uncle) he is claiming Al-hisham now which is an amount of money given to him , or a permission is taken from him in order to make this girl marry (remove Al-Nahhi from her).
1-Is this nahhi legitimately valid ? does this man (the cousin) have the right to interfere in affairs of this young woman (his cousin) with availability or unavailability of her guardian ?
2-Is it legitimately obligatory for this young woman to pay this money(Al- Hisham) or take permission from her cousin (the son of her uncle) before her marriage ?
3-Do your eminence have an informative talk to the faithful citizens and chieftains concerning this matter ?
(Answer)
Cousin (son of her uncle) does not have any right to interfere in affairs of his cousin (daughter of his uncle) , his nahhi is not valid and valueless , it is not obligatory for this young woman to take permission from her cousin and he is not allowed to claim money under the title of Al- Hisham because it is in contrast with Islamic law. It is not concealed that these conventions available in clans are ignorant and do not represent Islam. People ought to keep away from these ignorant conventions and obligate themselves to Islamic ones since their happiness in life and the after life is achieved through Islamic conventions. It is wonder that they persist in keeping the conventions mentioned with availability of legists in governorates and the great authority in Al-Najjaf Al-ashraf and the availability of great and scientific Hawza for more than one-thousand year , and the possibility of getting to them easily.
(QUESTION)
- Has Islamic law established a principle of a financial compensation for moral offence which affects a Muslim man because of insulting and cursing him or because of disparaging his personality , and accordingly , degrade his honor in front of the society and causing him to be less deserving of respect among people or not ?If Islamic law has not established this principle , how would it tackle this aspect especially it is directly related to honor of Muslim man ?
(Answer)
Islam has forbidden what causes the Faithfull's honor to be degraded and lost , and what disgraces his sanctity and disparage his esteem , all these have punishment. Concerning the substitute , it is the afterlife punishment , and not money.
(QUESTION)
- Is it permissible to substitute sum of the amount of money for a number of woman , let it be one or more , and give her to guardian of the killed instead of blood money ?
(Answer)
It is not permissible to marry a woman without her acceptance and her agreement , otherwise it is wrong because no one has guardianship over the woman to be given as a substitution for sum of blood money.
1) what is the rule of children given birth by a woman married under the title of (fasliya) and without her agreement , are they legitimate children or not ?Is this marriage legitimately true or not ?
(Answer)
If the woman accepts the contraction of marriage without being obliged and forced , the marriage will be legitimate and there is no objection to it , effects of true marriage is the result of this contraction , However, this contraction will be untrue if the woman does not accept it. At that time , if a man is ignorant of invalidity of the contraction of marriage , his children will be legitimate because they are children of vagueness , if he knows its invalidity , his children will be illegitimate.
Hence, sons of clans and chieftains are obligated to legitimate rules with the exclusion of ignorant conventions ; and consulting legists in punishment , rules and blood money and it is not permissible for sons of clans and chieftains to solve these issues among them according to ignorant conventions of clans because they are responsible in front of God for these illegitimate conventions.
2) Do your Eminence have an informative talk to sons of clans and chieftains concerning the subject of giving woman instead of money in issues of blood money especially that this behavior does not agree with these clans which are Islamic ones believe in Islamic religion ?
(Answer)
They are obliged to keep to Islamic conventions and legitimate rules , and leave ignorant conventions. It is regrettable that though they live in Iraq , the Islamic, the ancient , and the country of scientists and legists for more than one-thousand years , they have the pre-Islamic arrogance and disdain keeping to Islamic conventions though they are Muslims believe in God , God's prophet and the pure infallible (pbut) ; therefore, they should consult legists in these inquiries and leave responsibility to them , otherwise , they deserve punishment from God (swt).
(QUESTION)
- I am a man responsible for a big family and having limited earnings , I am afflicted, like other people , with availability of relatives with whom I connected by not close relations , those relatives are quarrelsome and they are not people of religion and believing , after each problem they make , the chieftain collects money from men of the clan to pay blood money or Al-Hisham or Al-Fasil resulting from their offence on others according to clannish convention. This case is frequent for long years till the case reach at the point that most people have deprived their families from food and clothes in order to ensure money paid for this aspect , so I am obliged , like other sons of the clan , to take a loan in order to pay the money.
The question is :
1- Is it permissible for the chieftain to oblige me to pay the money though I see my family in want of this money ?
(Answer)
It is not permissible to oblige anyone to take the money from him, the one taking this money is extorter and answerable and should be punished by God (swt).
2- what is the rule of the money taken without agreement of its possessors under the title of paying blood money caused by relatives ?
(Answer)
The money mentioned is still possessed by its possessors and it should not be dealt out , the money should be given back to its possessors.
(QUESTION)
- there are some ones called (the expert, the old, the humanitarian, the chieftain, the chief of a moiety) confront judgment among people according to clannish convention , though they do not have a deal of knowledge neither in jurisprudence nor in academic education; However, their cognizance is reported through their sitting with their fathers and grandfathers in Arab guestrooms or sitting in evening and right entertainment , the rule , in most cases, is discretionary and have no connection with Islamic laws.
The question is :
1- Is it permissible for persons like those to confront judgment among People ?
(Answer)
It is not permissible for anyone to confront judgment among People except the legist who interests the prerequisites or one qualified for this confrontation. Concerning the one who confronts judgment and he is not acquainted with Islamic laws , he would be punished in hell.
2- would rules of these people be legitimately valid and is it obligatory for us to apply them or not ?
(Answer)
Those people should fear God (swt) and move away from confronting judgment because it is legitimately forbidden , their rule is invalid and the one taking their rule is taking an untrue rule, therefore, it is legitimately not permissible.
3- Do you , your eminence , have an informative talk to those persons concerning this ?
(Answer)
Those persons should fear God (swt) and move away from confronting judgment because their judgment is a crime among people and a transgression on sacredness of God (swt) .
(QUESTION)
- What is the legitimate rule of revenge (which is a phenomenon of someone from the killer's family kills someone from the family of the murderer not in particular , whether it is the brother , the father , the mother , or the cousin of the murderer) revenging the killer's death on the clan of the murderer ?
(Answer)
It is legitimately not permissible to kill anyone when he is not the murderer even if this person is the father or the son of the murderer and so on .If he kills someone purposely , he should be punished , and the guardian of the killed should take punishment from the murderer and nothing else , or forgive him and take blood money from him.
(QUESTION)
- Do you , your eminence , have an informative talk concerning the phenomenon of revenge which is found widely in our Islamic society (it's too bad ) and established by clannish convention , and sometimes clannish convention instigates it ?
(Answer)
It is too bad for clans in Islamic country like Iraq to have traditionally pre-Islamic conventions which are inconsistent with Islamic conventions though they are Muslims and believers in God and God's prophet , and the infallible (pbut), and though great legists and authoritative sources are available in the great scientific Hawza in holy Najaf.
(QUESTION)
- A murder accident happened and caused the murderer to pay blood money according to Islamic laws , the murderer comes to give blood money to family of the killed but the family of the killed asks the murderer to add the tool of murder which is a pistol , in addition to blood money. Is it permissible for guardian of the killed to claim the tool of murder in addition to legitimate blood money ?
(Answer)
It is legitimately not permissible to claim more than the legitimate blood money, whether it is the tool of murder or something else.
(QUESTION)
- Someone killed and blood money was given to family the of the killed, but the chieftain had dealt out blood money among the family, the relative and the sons of clan of the killed under the pretence that blood money is for all the clan according to clannish convention and it is not restricted to the family of the killed . Is it permissible to deal out blood money on sons of the clan all together and on the irrelevant of legitimate inheritors of the killed?
(Answer)
It is not permissible to deal out blood money of the killed on his illegitimate inheritors , Concerning what the chieftain has done , it is inconsistent with Islamic law and liable for the inheritors .
(QUESTION)
- I am a wife of someone who is killed , the murderer has paid us , we are the family of the killed , blood money , but I am surprised when my husband's clan does not give woman money from blood money whether she is the wife of the killed or his daughter , Is it legitimately permissible to deprive the killer's wife and his daughter from his blood money just because they are women and the clannish convention does not give woman money of blood money ?
(Answer)
It is not permissible to deprive woman from blood money of the killed.
(QUESTION)
- I am the older son , my father is killed and the murderer has paid the legitimate blood money for us according to legitimate amount limited in Sharia and I have two brothers younger than me, and I have been told by the chieftain that my share from inheritance (inheritance of blood money) is more than my male brother's share because I am the older son and the older son has special degree which makes him distinguished from the other sons in clannish convention.
Is it legitimately permissible for me to take a share from inheritance of blood money more than that of my other male brothers because I am the older and the clannish convention has recommend this ?
(Answer)
It is not permissible for you to take a share more than your legitimate share.
(QUESTION)
- In spite of the considerable scientific development which modern medicine has achieved , by the grace of God , there is still irremediable diseased cases in front of which modern science stands helpless in performing the successful treatment except in using organs and tissues God (swt) has created in man's body such as liver , kidney , cornea……etc. this is achieved by transfusing these organs and tissues from their donor during their life after making sure that they do not cause harm to the donor , or by transfusing these organs and tissues from dead's body to patient's body , with guardian's agreement of the dead who died naturally , or after agreement laid down in advance in dead's will by which he allows physicians to treat an organ or organs or tissues from his body after his death to save someone's life who cannot be saved except by transplanting organs or tissues such as these in patient's body , since legitimacy of this medical interpenetration is still having a little ambiguity , we beg your Eminence to be so kind to clarify this and you will be rewarded by God ?
(Answer)
It is legitimately permissible for any person to donate any organ from his not primary organs , which means organs man's life does not depend on and their transfusing do not cause deformity in his image and orderliness such as liver , kidney , tissues , cornea skin and the like , It is also legitimately permissible to take money in exchange for them , such as when he sells his kidney , or his liver or his tissues or his skin and so on , this would occur in case that patient's life does not depend on. On assumption that patient's life depends on transfusing an organ to him , the patient or his family are obliged to provide the patient with it , though in expensive prices , to save his life . Concerning impossibility of making an organ available to save him from death, is it legitimately permissible to transfuse an organ from dead's body to the patient's with heirs' agreement or without their agreement ?
(Answer)
It is not permissible to transfuse it even with heirs' agreement , since they do not have guardianship to treat dead,s body. Yes, if the patient willed , it would be obligatory to be carried out and patients' heir do not have the right , then , to prevent the will to be carried out. If patient's life depends on that , it will be obligatory for the physician to perform transfusing from dead,s body to the patient's body to save his life even if dead,s heir do not agree it , and their prevention has no effect since physician's function is to save patient's life by any available means. Concerning blood money , it is obligatory on the physician who performs transfusing of an organ from dead,s body to the patients , and since the physician is beneficent and has made a humanitarian job which is giving life to respected soul , the patient or his guardians should pay blood money instead of the physician and in exchange for his charity , this all would occur on condition that being restricted to dead,s organs and impossibility of transfusing from the living's body to the patients because of one reason or another and God knows best.
(QUESTION)
- How could the faithful young improve the case of love and peace among them ?
(Answer)
Rules of Islamic religion is the only factor to achieve social justice , love , peace and security in society since each individual in religious society knows that his right is not wasted , his honor is not lost , and his sanctity is not dishonored , neither by soul or by money nor by honor , and he lives in peace and security without fear or disgrace , and his life is honorable in it without fear about himself or about his honor and his money. It is naturally that this is an active factor which influences man's soul and his relations with others with love and intimacy hence , social justice , security and peace are achieved.
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