In the Name of Allah, the Most Merciful
Praise be to Allah the Lord of the worlds. We ask Allah to raise the rank of our master, Prophet Muhammad and his brethren prophets and messengers, Adam, Nuh, Ibrahim, Musa, ^Isa, and those in between, and their righteous kin, companions, followers and all the upright Muslims. And we ask Allah to protect the nation of Prophet Muhammad from what he fears for it.
Thereafter – The Islamic judgment pertaining to women is based on the foundation that it is prohibited for the pubescent female to uncover her body except for her face and hands, in the presence of marriageable pubescent males. Also, it is prohibited for the marriageable pubescent male to look at her nakedness, except her face and hands. Islamic jurisprudents proclaimed that: ‘Since looking is prohibited, it follows that touching, by precedence, is clearly prohibited’.
Hence, if the female needs medical diagnosis or treatment by a medical practitioner, in the absence of a non-marriageable medical practitioner, in order of priority she first seeks a female medical practitioner. If not available, she seeks a marriageable male medical practitioner. Furthermore, she must not reveal more than what is necessary of her unlawful nakedness for diagnosis or treatment. Additionally, if it is possible for the practitioner to examine the female patient by only touching the affected body part, then for this reason, touching is permitted, not looking.
The pubescent female must not seek a marriageable male medical practitioner, unless there is a necessity according to Islamic standards, to do so.
The same applies to men if they require medical attention that requires touching or to reveal what is between their navel and knee.
They must not seek a marriageable female medical practitioner, unless there is a necessity, determined by Islamic law, to do so. Moreover, every necessity is evaluated on its own merits.
Moreover, the Shafi^iyyah scholars and other jurisprudents stipulated the priority of seeking a more skilled health practitioner over the less-skilled, irrespective of their gender and religion. They also stipulated that if the practitioner who is more skilled charges an excessive fee, higher than the norm, then choosing that practitioner is preferable and considered like having no other option. This provision is pending the condition that the patient and physician of opposite genders are not alone in the isolated treatment clinic.
And Allah knows best.
You can also refer to the scholarly books on Islamic jurisprudence such as:
- Minhaj At–Talibin
- Mughni Al-Muhtaj
- At-Tuhfah
- An-Nihayah and others.
Chairman of Darulfatwa Australia
Dr. Sheihk. Salim Alwan
