Fatwa ID: 09090
Answered by Mufti Yusuf Badshah
Question:
Female Nurse, Interns, Assistant Doctors:
What is the ruling regarding the following situations in Kafir countries:
One goes to male doctor, but then he has female nurses, female interns or assistant female doctors who get hands on:
For instance:
- Taking blood
- Administering injections (sometimes even on the exposed buttocks)
- Putting on tens machines for therapy/massage (for someone in excruciating pain, not just a leisure massage)
- Putting on electrode pads for ECG machine (with their breast in your face) [words of a doha baji]
- Dr looking at swollen testicles and he has a female intern with him who is also looking.
- Female dentist steps in because the male dentist is busy or no longers does easy jobs.
One goes to a X-ray, ultrasound clinic and then is in the room alone with a female practitioner. In ultrasound, she will be slightly exposing your awrah to see your bladder, putting the solution on your skin.
A person cannot afford to go to paid doctors so he ends up in a free hospital or clinic and it is a female psychotherapist who is daily or weekly massaging his back or thighs for the excruciating pain he is experiencing due to his accident.
The fiqh books do mention about men looking at women etc. in such cases.
Now, a male should seek out male doctors, dentist, psychotherapist etc. But, as I said, many people mention, they went to a male doctor, he did the assessment and diagnosis, but all of a sudden a woman steps in for the hands on parts.
Now every city in the West do not have enough Muslim doctors or in every field who will understand our request for a male.
So us ka kya hukm hey when the person is in need of these treatments?
In the name of Allah, the Most Gracious, the Most Merciful
Answer:
There is no blame upon the one who asks for a male doctor, but for reasons beyond their control they are approached by a female member of staff.[1] While you should request for your affairs to be handled by a male member of staff, if they are either unavailable, unable, unqualified or unwilling then this will be permissible out of necessity.
This applies in all of the cases above where one requires medical attention. However, one should ensure they are being treated by a member of the opposite gender out of necessity and avoid taking any pleasure in it.[2]
Only Allah ﷻ knows best.
Written by Mufti Yusuf Badshah
Checked and approved by Mufti Mohammed Tosir Miah
Darul Ifta Birmingham
References:
[1]
مِمَّا فِيهِ ضَرُورَةٌ ظَاهِرَةٌ تُبِيحُ الْخُرُوجَ عَنْ أَصْلِ الْمَذْهَبِ مِنْ طُرُوُّ الْمَنْعِ
Raddul Muhtar, vol. 6, pg. 56, Darul Fikr
وَيَنْظُرُ الطَّبِيبُ إلَى مَوْضِعِ مَرَضِهَا) وَالْأَصْلُ أَنَّهُ لَا يَجُوزُ أَنْ يَنْظُرَ إلَى وَجْهِ الْأَجْنَبِيَّةِ بِشَهْوَةٍ لِمَا رَوَيْنَا إلَّا لِلضَّرُورَةِ
Bahrur Raa’iq, vol. 8, pg. 218, Darul Kitabul Islamiyyah
[2]
{ … فَمَنِ اضْطُرَّ غَيْرَ بَاغٍ وَلَا عَادٍ فَلَا إِثْمَ عَلَيْهِ ۚ إِنَّ اللَّهَ غَفُورٌ رَّحِيمٌ ۞}
Surah Al-Baqarah 173