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All praise be to Allah alone. The peace and blessing of Allah be upon the last Prophet.

 

 

 

Whoever looks deeply into the Islamic teachings will surely discover that Islam is a complete code of life in every aspect. It does not leave any aspect of life nor any stage of human developments undiscussed, except it gives the optimal approach on it.

 

Among what Islam gives a very great approach with very warm restrictions is the therapeutic procedures and the medical operations. Among the judicial centers in Islamic countries is the Islamic medical committee in Saudi Arabia which cater for the complaints as a result of  medical practices.

 

In the following paragraphs, some reviews about the topic.

 

 

 

 

ISLAMIC MEDICAL COMMITTEE

 

 

 

There was a royal decree numberM /3 in 21/2/1409 on human medicine and dentistry professions. Chapter four of the policy contains the formation of the committee with its  office in Riyadh.  

 

 

The committee  comprises at least one Islamic judge appointed by minister of justice whose grade should not be lower than the chief judge, two qualified medical doctors appointed by minister of health and a member of the teaching staff appointed by minister of higher education from one of the college of medicine.

 

 

And its decision should be issued by the view of majority of the committee provided that the judge is with them.   

 

 

When a person presents his complaint to Islamic medical committee, the committee would look into his claim, then it will listen to the doctor's reply on the issue . The committee could also request for the patient's file in order to ascertain the procedures, then it will issue its decision on the issue. The committee will also let the doctor know that he could challenge its decision on the issue and raise the complaint to the board of grievances in order to look into its decision, so that it will give final decision on the issue.

 

 

 

Kinds of medical infraction.

 

 

Medical infractions could be limited to two groups:

The first group is common infractions while the second group is technical:

 

 

 

The common infraction : This is the disciplinary and Islamic infraction which has no relation with technical fundamental concept of medical profession. Among these are:

 

 

1.   Practicing of medical profession without permission from the government concerned party. The likes of this are those who got license by illegal way, or those who used the method of propaganda which would make people think that they are eligible to practice medical work in contrast to the fact, or spoofing a title among the titles of medical practitioners. This established principle by the government is concordant with the opinion of  the scholars of Maaliky school of thought that the principle for the legality of medical work is  government permission . So, it is allow for the government to ban and discipline any doctor which practice medical work without  legal certificate which permits him to do that. But  just  not carrying a license does  not required any charge, because it is just like a doctor who has license, if he has full experience to practice therapy actually and the patients benefited from him. This is opinion of Shaykh  Muhammad Ibn Ibrahim(may Allah have mercy on him).

 

2- Abstention of the doctor from treatment of sickness: It is must for doctor who knows that the patient is in serious condition to offer him any possible assistance or make sure that he receives the necessary care. Example of this is the abstention of the doctor from using industrial resuscitation equipment for the patient who is at risk of death if the condition calls for that. Sheikh-l Islam Ibn Taymiyah said: Whosoever has capacity to give someone food or drink but he does not do that, and the person dies, he shall be queried.

 

 

3.   Disagreement of the patient to the treatment: it is not permissible for the doctor to enter into any treatment without the consent of the patient, if he is matured man or he could understand the doctor.  It is excluded from seeking patient permission, if the patient is in critical condition because necessity makes forbidden permissible. Fear of soul of the patient is a necessity of allowing the doctor from seeking patient's permission. But if the patient does not gives permission for the treatment,  there is no any charge on the doctor.  Imam Al – Bahuuty said : It is not compulsory to render a medication in any disease, even if it is thought that it will be usefulness (i.e. except by the permission of the patient)

 

4.    Disclosure of the patient's secret: It is not permissible for the doctor to disclose the secret of his patient either the patient told him by himself, or he knew it as a result of the exercise of his work except for important reasons like, giving information about the death of the patient by criminal incident. This is among the peculiarities of the patient and keeping is keeping trusteeship. Allah says:

 

وَالَّذِينَ هُمْ لِأَمَانَاتِهِمْ وَعَهْدِهِمْ رَاعُونَ

 

" And those who faithfully observe their trusts and their covenants" (Qur'an23:8)

 

 

 

 

5.  Undergoing treatment without the intention of treatment, or seeking of any permissible benefits, like giving the patient to swallow a drug while the intention of the doctor  is just to do scientific research . Ibn – l – Azim said : the scholars had concluded that it is not permissible for any-body to kill himself, or cut any part of his body for non-medication treatment, because the body of the man is only own to Allah. Allah, the exalted says:

 

لِلَّهِ مُلْكُ السَّمَاوَاتِ وَالْأَرْضِ وَمَا فِيهِنَّ ۚ وَهُوَ عَلَىٰ كُلِّ شَيْءٍ قَدِيرٌ

 

 

" To Allah belongs the dominion of the heavens and the earth, and all that is therein, and it is He Who hath power over all things." (Qur'an5:120.).  It is not permissible for someone to act on a property with what is forbidden by his owner. For this, the action necessitates charges because its main motive is not to give treatment to the patient nor seeking of permissible benefits, despite that the doctor does not aim to harm the patient. 

 

 

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