Fatwa ID: 05330

Answered by: Maulana Naieem Mohammad

Question:

A Muslim female nurse asking: Can I touch the male patient’s private part in times of emergency in the hospital? Secondly: Even if there is no emergency but we have to treat him in his private part are we allowed to do that? If not, the hospital won’t keep me.

In the name of Allah, the Most Gracious, the Most Merciful

Answer:

Every action should be done solely for the pleasure of Allah. The nursing profession is an essential service that mankind constantly needs, therefore keep your intention to assist mankind for the pleasure of Allah.

In normal circumstances, it is not permissible for a male to expose his private regions to other males thus definitely it wouldn’t be allowed to do such in front of females. The private area of a male will be considered as the area from his navel to knees, excluding the navel and including the knees. [1]

When the treatment is not possible without exposing the private area the Sharia mentions that occasions of great need give temporary allowance.. “[2]The circumstance that you have mentioned is that of an emergency, thus it will be allowed due to the risk of loss of life, limb or the injury or sickness becoming worse.

The second situation is that of every day – non-emergency treatment if such a treatment also cannot be done without exposing the private area, and there is no male doctor or nurse available to attend to the patient and there is also a risk of further injury/discomfort and the loss of employment then this will also be allowed, but only with the mentioned conditions.

The Sharia gives an allowance for this by stating that when two options of harm are faced, then the one with the lesser harm should be followed.[3] Therefore, in this case, the greater harm will be the increase in pain or the spreading of the sickness or discomfort if the patient isn’t treated even though it’s not life-threatening. The lesser harm will be exposing the private area only to the extent of the necessity of the treatment, thus this will also be allowed.

Only Allah knows best

Written by Maulana Naieem Mohammad

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

[1] Fatawaa Hindiyya,pg 58,vol 1

[2] Qawaaid Fiqhiyya,pg 43

[3] Qawaaid Fiqhiyya,pg 33