Medical Malpractice Under Sharia Law

 Posted by on 18 April 2006 at 11:45 am  Uncategorized
Apr 182006

Not that I expect that I’ll ever have to face this problem (since I’d rather go down fighting, rather than live under Sharia), but there’s a remote chance that this might affect some of my colleagues in Europe or Canada. From the April 5, 2006 edition of “Ask the Imam“, we have the following question from Canada (typos not corrected):

Q) Im a doctor and i want to ask about if i make a mistake that leads to the death of a patient .. is it considered as killing by mistake ? … or just a professional mistake

A) A medical doctor and his services fall in the category of Ijaarah (hiring) in Shari’ah. A patient hires the services of a medical doctor. The general principle regarding a hired person is that he is an Ameen (a trusted person). It is expected of him to carry out his services with honesty and trustworthiness. If he makes a pure human mistake and the patient dies, then the doctor will not be sinful.

However, he will have to pay a diyat (blood money) of 100 camels or 1000 Dinars (gold coins) or 10,0000 Dirhams (silver coins) in an Islamic country upon the order of the Qadhi.

and Allah Ta’ala Knows Best

Mufti Ebrahim Desai

So if the prices of camel futures start rising in Canada or Europe, you know we’re in for some real trouble!… (Via Respectful Insolence.)

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