The Islamic Responsibility Towards the Sick

The Islamic Responsibility Towards the Sick and
those tending to the Sick

It is the opinion of some people that there is no need to find out what is permissible and what is prohibited when seeking medical treatment. It is as if the sick person is not answerable for any of his actions. Based on this, they also feel that the sick person's doctor also has full liberty to do whatever he pleases. This is incorrect. Such people should understand that a sick person does not go out of the boundaries of Allāh's power. Allāh Ta'āla has the right of possession over every person's life and wealth. It is in this light that Allāh Ta'āla has said: "If We were to ordain for them: 'Lay down your lives', or, 'forsake your homelands', only a very few of them would do it - although if they did what they are admonished to do, it would indeed be for their own good." (Surah an-Nisā', verse 66)

We learn from this that Allāh Ta'āla also has the right to order us to intentionally kill ourselves (i.e. commit suicide). It is only because of the kindness of Allāh Ta'āla, that despite being able to order us to do this, He did not ask us to bear such difficulties. At the same time, He did not leave us completely free. Instead, He laid down certain rules and regulations when seeking medical treatment. These rules and regulations are such that if we had to ponder over them with an open mind, we will find that there are certain concessions and leeways. They are not as restrictive as the laws of a government. As a form of appreciation for this kindness on the part of Allāh Ta'āla, man should be prepared to sacrifice his wealth and life in order to safeguard himself from sins. He should never ever seek illegal and prohibited forms of medical treatment. When a person is sick, he should never ever act contrary to the fatāwā (legal verdicts) of the ulama. A sick person is in need of this more than a normal healthy person because the latter has some hope of being granted a respite, whereas sickness is the stepping stone to death. Outwardly too, one can see that death is approaching. What sort of intelligence is it that a person dies a sinner? (by seeking prohibited forms of medical treatment). Some servants of Allāh were such that while they were in the throes of death and undergoing severe difficulties, even at such a time they did not leave out acts that are mustahab. A few friends of theirs told them that when in difficulty, mustahab acts are automatically dropped off. They replied: "The difficulty is for a little while more. What is the need to lose the reward of a mustahab act at the time of death?" A sick person experiences many difficulties and is in the hands of others. It is therefore necessary for all those who are taking care of him to take due consideration of his salāt and all the other necessary aspects of Deen. Even if the sick person presents excuses, they should give him confidence and save him from sins. If the person caring for the sick is religiously minded and prepared (to do everything according to the Shariah for the sick person) there is great hope for the sick person to be in control of himself at the time of death (and to die on Imān). If this is not the case, the sin will not be borne on the sick person alone. Instead, all those who were taking care of him will also be sinning. In fact, greater punishment will be inflicted on those caring for him because the sick person was under their control (they could have ordered him to do whatever they wished). It is therefore necessary for everyone - the sick and those caring for the sick - to find out the necessary masa'il with regard to medical treatment just as they find out the other masa'il with regard to salāt, fasting, zakāt, etc. If they have any doubt, they should consult the ulama.

Substances that are used for medical treatment

It should be known that substances which are used for medical treatment fall under four categories: (1) inorganic bodies, (2) plants, (3) animals, (4) compounds of the first three categories. There are two ways of using these things and the Shar'ee ruling concerning each is different. The two ways are either external or internal. Internal usage refers to substances that go down the throat and reach the stomach. In other words, it refers to the things which are either eaten or drunk. All other forms of usage are regarded as external. So much so, all the following forms of medication are also considered to be external: sniffing some liquid into the nostrils, instilling medicine into the nostrils (for example, by means of a dropper), drawing medicine into the nostrils, rubbing the teeth with tooth-powder (or brushing with a toothpaste), smelling a solid or liquid medicine, taking in snuff, chewing, rinsing the mouth. All this is on the condition that the medicine does not reach the throat. In fact, apart from smelling, there is a great danger in all the above-mentioned forms of consumption that the medicine will reach the throat. In fact, in most cases the medicine reaches the throat and thereafter goes down into the stomach. Therefore, all these forms of consumption should also be considered to be internal. Caution is necessary in that substances which cannot be consumed internally should also be refrained from when adopting any of the above-mentioned external methods of usage. Even if an iota of harām substance goes down the throat, one will be committing the sin of consuming harām.

The rule concerning internal and external usage

If anything is impure in itself, such as excreta, urine, alcohol, an animal that has died a natural death, pork, etc. then it is not permissible to use such items internally or externally. As for things which have become impure on account of their being mixed with other impure substances, the ruling is that they cannot be used internally. However, it is permissible to use them externally. Such substances are: impure water (pure water which became impure on account of an impure substance falling into it), liquid of the bladder that is added in surmah (as long as this liquid is not more than the other ingredients), medicines that contain alcohol as long as the alcohol content is less than the other substances. However, it should be borne in mind that it is necessary to wash off these substances and purify oneself prior to offering salāt. Although it is permissible to use such substances externally, it is preferable to abstain from using them. The reason for this is that when a person is very sick he is not very mindful. There is a great possibility of such substances falling onto his clothing. Furthermore, if the person did not wash his hands after applying such substances, and his hands come into contact with water in a utensil, then the utensil and the water will be rendered impure. In this way, this impurity will affect the entire house and many persons' salāt will be ruined.

When we say that a substance becomes impure on account of it being mixed with an impure substance, we mean that the impure substance is not more than the other substance. If it is more, it would be considered as if the entire mixture comprises of the impure substance. For example, if a handful of water is poured into a large utensil containing urine, we cannot say that this is water. By the water being mixed with the urine, it has now become impure. In fact, this entire mixture will be considered to be urine (and the rules that normally apply to urine will apply over here as well). But if the opposite takes place (i.e. if a handful of urine is poured into a large utensil containing water), then the opposite ruling will also be given (i.e. the entire mixture will be considered to be water - although the water itself will be regarded as impure). It should be also known that in our pure Shariah, prohibition in using a particular thing or substance is based on four reasons: (i) on account of the thing being najis (impure), e.g. urine, excreta, etc. (ii) on account of the thing being harmful, e.g. poisonous substances, (iii) on the basis of istikhbāth, i.e. things that are abhorred and disliked by a normal person possessing a sound mind, e.g. worms, certain insects, etc., (iv) on account of the thing causing intoxication.

Inorganic bodies

Inorganic bodies refers to things that are other than plant life, animals, droppings of animals, parts of animals, etc. Inorganic bodies include the following: sand, gold, silver, sulphurate of arsenic, copper, bezoar, agate, etc. All inorganic bodies are pure and halāl unless they are harmful or intoxicating. The quality of istikhbāth is not found in any of the inorganic bodies. If the harm in an inorganic body is removed, or if the quality of intoxication is no longer found in an inorganic body, then the prohibition of using such a thing will also be removed (i.e. it will now become permissible). From this we can deduce the ruling with regard to eating sand, adding limestone in betel leaves, eating Armenian bole, red chalk, agate, etc. - i.e. if they are harmful, they will be prohibited and if they are not harmful, they will be permissible. For example, if excessive limestone is added to betel leaves to the extent that it causes harm to one's teeth or causes some other harm, it will not be permissible. But if it is used according to one's need and it proves to be beneficial, it will be permissible. Another harm of excessive limestone is that it forms a crust on one's teeth thereby preventing water from reaching the gums when making ghusl. If this happens, the ghusl will not be complete. We can also deduce the ruling with regard to poisonous substances - i.e. one cannot use them without the prescription of a qualified and reliable doctor. If such a doctor prescribes such substances, it will be permissible for you to use them because he will not prescribe them unnecessarily.

Although external usage is permissible on all the parts of the body except for the throat and stomach, it should be borne in mind that there is a difference in status among the different parts. Some of the parts are more sacred than the others. Those that are more sacred therefore have more right in that no impure or detestable thing should touch them. The more sacred or more honourable parts of the body are those that are above the neck, especially inside the mouth. As far as possible one should therefore not gargle one's mouth with anything that has an evil smell or with anything that is detestable by nature. There will be no harm in resorting to such substances if there is no alternative. The sanctity of the parts above the neck has been mentioned in a Hadith wherein it is stated that the angels take an active part in the formation of the entire foetus except for the head, which is created by Allāh Ta'āla with His very hands. The sanctity of the head can also be gauged from a Hadith wherein we are prohibited from striking anyone on his face. Furthermore, Rasulullah sallallahu alayhi wa sallam said: "Cleanse your mouths because it is through them that you recite the Qur'ān."

It is a common belief of the masses that it is harām to eat sand. This is incorrect. If there is no harm in eating it, it will be permissible. But if it proves to be harmful, it will be prohibited. For example, some pregnant women like to eat sand and they have no other alternative in fulfilling this craving of theirs. In such a case they can eat, but not to the extent that it causes them harm. Many people have certain beliefs with regard to the ash that becomes attached to rotis or with regards to rotis that become burnt. They go to great pains in removing this ash or the slightly burnt off sections of the roti. This is not necessary. A little bit of ash is not harmful. In fact, if a roti is not completely burnt and has only become slightly black, it will not be permissible to throw such a roti away. This is because it is still regarded as roti (which is food and therefore should not be thrown).

Masa'il

Gold and silver are also inorganic bodies but they should not be compared to other inorganic bodies. Other inorganic bodies are mostly used as sources of medication while gold and silver are also used as items of luxury and beautification. The Shariah has prohibited us from wearing gold and silver except in the form of jewellery. It is obvious that jewellery is for women. It is therefore permissible for them to use gold and silver jewellery and this is not permissible for anyone else. However, it is not permissible to soak medicine in a gold or silver container, or to keep any sort of ointment or medicine in a gold or silver container. This prohibition is applicable to both men and women. Based on this, it is not permissible to wear spectacles that have gold or silver frames, to wear watches that have gold or silver bands, to keep watches that have gold or silver chains, to use mirrors that have been framed in gold or silver. It is for this reason that it is prohibited to wear an ārsi (a thumb ring with a mirror set in gold or silver). Wearing this ring as a form of jewellery is permissible but to look into it's mirror will not be permissible.
It is permissible to eat gold and silver foil, to add this into surmah, to soak pieces of silver in a medicine (this is done to strengthen the heart) and to disinfect medicine containing steel. It is permissible to fasten the teeth with gold or silver when necessary. This is because if any other metal is used, it causes swelling of the gums. Based on this, it is permissible to make a gold nose or to use gold to make any tube in any other part of the body. This is because no metal besides gold can fulfil this purpose. The same rule applies to silk. The only exception is that women can wear silk at all times while men cannot use it as a form of dressing. Men can use silk if it is not as a form of dress ( e.g. they can use it for medical reasons).
It is permissible for men to use silk if it forms the hem of a garment as long as the silk is not more than approximately six centimetres in width.
If there are any sores on the body and silk is worn as a form of treatment, it will be permissible to do so. It is also permissible to wear silk when in war because a sword cannot cut through silk.

Question: If any medication contains gold or silver, will it be permissible to engage in transactions (such as buying and selling) of such medication? Similarly, if any prescription contains the name of a medicine which has gold or silver in it, will it be permissible to have such a prescription made out, purchased, etc.? Similarly, if any surmah contains such foil which has become completely mixed into it to the extent that it cannot be separated, will it be permissible to engage in transactions of such surmah? If this is not permissible, then what is the difference between this and jewellery that is gold or silver plated because it is extremely difficult to separate the pure gold or silver from that which is not pure. In fact, it is even more difficult to separate gold and silver which is found in medicines and surmah. Similarly, is it permissible to sell sweetmeats and meat which are covered by gold or silver foil on credit? Is zakāt wajib on such medicines and surmah which contain gold and silver?

Answer: If gold or silver is added in medicines in such a way that these metals become completely assimilated with the medicines, then in such a case they will be similar to gold or silver-plated jewellery and therefore not even considered (for zakāt and other associated questions that are mentioned above). If these metals are not completely assimilated into the medicines, they will be similar to clothing which has a gold or silver hem. In other words, these medicines are not called gold or silver medicines. Instead, they are named according to the major ingredients that are found in them. If any medicine contains more gold or silver, such as gold or silver being added in pure honey, then such a medicine will be known as gold honey or silver honey. The normal rules in dealing with gold and silver will apply and zakāt will also become wajib. As for the previous two examples, the normal rules when dealing with gold and silver will not apply, nor will zakāt be wajib. As regards gold and silver foil that is used to cover sweetmeats and meat, the ruling with regard to gold or silver hems in clothing will be applicable here as well. The difference is that in this instance it is not necessary for the gold or silver to be equal to or less than approximately six centimetres in width. This is because this limit of six centimetres is only applicable to clothing.

Intoxicants

The rule concerning intoxicants is that if they are dry, they are considered to be pure. In extreme situations and at the time of dire need, for example, on the advice of a pious, reliable and qualified doctor, it will be permissible to consume such dry intoxicants as long as the amount is such that it does not cause any intoxication whatsoever. It is definitely not permissible to consume an amount that would cause intoxication. Despite all this, as far as possible, it is preferable to abstain from such intoxicants and to exercise extreme caution. The reason for this is that in most cases one's consumption definitely increases and very soon one is unable to differentiate between a dire need and no need. It is for this reason that Allamah Shāmi rahmatullahi alayh says: "If dry intoxicants are taken in very small quantities (i.e. an amount that does not cause intoxication) merely for pleasure (i.e. without any valid medical reason), then such consumption will be absolutely harām." Here, dry intoxicants includes those that are pure (unadulterated) and also those that are mixed with some other substance or added into some other substance. Based on this, dry intoxicants include the following: opium, hemp leaves (a herbaceous plant from which cannabis is produced), dagga, marijuana, etc. Such intoxicants will be permissible only if one has a valid medical reason and provided that the amount is such that it does not cause any intoxication. If they are consumed without any valid reason and merely for pleasure, they will be absolutely harām (irrespective of whether they cause intoxication or not). It is permissible to use opium as an ointment, to inhale hemp leaves in the form of steam or vapour, and to take hemp leaves in the form of tablets. It is permissible to eat opium in order to prevent oneself from catching a cold on condition that the amount consumed does not lead to intoxication. It is also permissible to consume hemp leaves in order to delay emission (provided that the intercourse is halāl, i.e. with one's Shar'ee wife), but on the condition that the amount consumed does not lead to intoxication.

As regards intoxicants that are in a liquid form, which we commonly refer to as alcohol, it is a well known fact among all Muslims that alcohol, pork, dead animals, interest, etc. are things which Islam is totally against. The Shariah does not even consider such things to be wealth or items of value. If a Muslim possesses such items and someone else destroys them, the latter does not have to pay any compensation. Transactions which comprise these things are not even considered to be valid. This is not the place to go into great details because these things require very lengthy explanations. At the same time, we do not wish to close off this topic completely. We will therefore try to suffice with what is necessary.

It should be known that there are four types of drinks which are considered to be impure and harām according to all the ulama. These four are: (1) Grape juice which is left in its crude form until fermentation takes place - popularly known as alcohol. (2) Grape juice which has been burnt until slightly less than two thirds of it evaporates. (3) Juice that is obtained from raisins that have been soaked in water. (4) Juice that is obtained from dates that have been soaked in water. The rule concerning these four is that it is not permissible to drink even a single drop. One cannot even keep them in one's house (or anywhere else). One cannot use them in any way. One cannot even buy or sell them (nor can one engage in any transactions which involve any of them).

As regards all other drinks, there are many details concerning them. This is not the place to go into details. However, we will explain the ruling concerning another drink which, in our times, has become extremely difficult to avoid. This refers to spirit (which is largely used for industrial purposes). This substance is used in practically all modern day medicines. Apart from medicines, it is also used in various other items such as pens, inks, colourants, carpets, chairs, duvets, mattresses, etc. It has some usage or the other in almost all items that need colourants, polishing, or the actual item itself. It is a well known fact that according to one Hadith, this is also impure and harām. According to another Hadith it is pure and could be used for medical purposes internally as well, provided that the amount consumed does not cause any intoxication. However, one cannot overlook the fact that the temperament of a normal Muslim cannot accept such a substance in which there is difference of opinion concerning its purity and permissibility. This is similar to a utensil in which there is water. Someone informs you that the utensil contains water while another person comes and informs you that it is not water but urine. Upon hearing this, any normal Muslim will definitely have an aversion to it. However, when it becomes extremely difficult to avoid a particular thing, then in such circumstances, we get a certain amount of leeway or concession from the fatwa (legal) point of view. Therefore, one should not be too strict in such matters and those who can, should exercise caution. From this principle, we can deduce the ruling concerning modern day medicines, particularly tinctures. Spirit has a definite influence in most modern day medicines. As regards tinctures, the process of this is that the medicine is soaked in spirit and thereby cleansed. In doing so, the medicine is very quickly absorbed. The following is mentioned in the malfoozāt (sayings) of Hadrat Thanwi rahmatullahi alayh: "In my opinion, it is not good to write the name of Allāh or Muhammad sallallahu alayhi wa sallam with red powder. This is because there is the possibility of this red powder containing spirit. Although certain types of spirits are pure according to Imam Abu Hanifah and Imam Yusuf rahmatullahi alayhima, they are definitely not pure according to Imam Muhammad rahmatullahi alayh. And we know that as far as possible it is preferable to abstain from those things in which there is difference of opinion. This is more so when the fatwa of the majority of the ulama is based on the opinion of Imam Muhammad rahmatullahi alayh." In another place, Hadrat Thanwi rahmatullahi alayh has the following to say: "Every spirit is not made from the above-mentioned four intoxicants (which are absolutely harām according to all the ulama). Spirit that is not made from these four intoxicants is permissible according to Imam Abu Hanifah and Imam Yusuf rahmatullahi alayhima. However, the fatwa is based on the opinion of Imam Muhammad rahmatullahi alayh so that the masses do not develop any lack of caution in this regard. Since this fatwa has been issued as a precaution, at the time of extreme necessity we can make a concession. However, the pious should abstain from using tinctures and they should not adopt any strictness on the masses who have no alternative. If spirit is added in vinegar and it changes its form thereafter, it will now be considered to be vinegar. The substance in which it has been mixed and the spirit together will now be permissible."

The following question and its answer appears in Imdādul Fatāwa:

Question: Modern day medicines generally contain spirit. This spirit is the highest quality of alcohol. In fact, it could be referred to as the essence of alcohol. Since this is an accepted and well known fact, is it permissible to take such medicines or not?

Answer: "If the spirit is not made from grapes, raisins, dry or fresh dates, a concession in its permissibility can be given (because of the difference of opinion). If it is made from the above-mentioned fruit, it will not be permissible because all ulama are unanimous in this regard."

Medical books state that spirit is a very strong form of alcohol which is prepared by further distillation of alcohol. It is also stated that low quality alcohol is manufactured by using potatoes, jujube, barley, wheat, etc. High quality alcohol which generally comes from Europe is manufactured by using grapes, apples, pomegranates, raisins, etc. Spirit is of three types: methylated spirits, proof spirits, and rectified spirits. That which is used in medicines is of the higher quality and is known as rectified spirits. It is much more expensive than the other spirits. Since the majority of alcohol that comes from Europe is of a high quality, it is therefore highly possible that the spirit that comes from Europe is also made from grapes, raisins, or dates. If this is the case, it would be considered to be impure and harām. The medicines in which it is used will also be considered to be impure and harām. Despite this, we cannot issue a fatwa with regard to the impermissibility of all medicines. However, what we can definitely say is that it is preferable not to use such medicines except when really necessary. From this we can also deduce the ruling concerning homeopathic medicines. That is, they should not be used except when really necessary because the intrinsic ingredient of these medicines is spirit and all other ingredients are just by the way.

Mas'ala: It is permissible to administer chloroform to a patient as an anaesthetic in order to operate on him.

Plant life

All plants are pure and halāl unless they are harmful or intoxicating. We have already explained the ruling concerning intoxicants. The prohibition with regard to harmful plants is based only on their harm. Once the harm is removed, there will be nothing wrong in using them. For example, based on the opinion of doctors it is permissible to eat purgative and vomic nuts.

Animal life

Animals, man, parts of animals, offal of animals, and other things that are connected to animals will all be explained in this chapter.

All the parts of man are sacred irrespective of whether he is a Muslim or a kāfir. Based on this, all the following acts are not permissible: burning a person irrespective of whether he is dead or alive, buying and selling of a corpse, keeping the skeleton of a human for medical (or other) reasons, removing an infant from the womb of a woman as long as it is alive, the drinking of breast milk for anyone other than the child during the period of breastfeeding, using breast milk externally such as in the eyes or ears. It is permissible to have forms of the human body made with wax or rubber for explanatory purposes provided that each limb is separate so that it does not fall within the confines of being a picture. It is permissible to look at the internal organs of a living person through x-rays.

Masa'il

It is not permissible to burn an animal that is alive. It is also not permissible to cause it unnecessary harm. For example, it is not permissible to burn a live animal by immersing it in hot oil or to fill a utensil with worms and boil them with water or any other substance in order to produce oil from them. One could kill the worms first and then place them in the oil. This would make no difference in the oil. Some people are in the habit of keeping scarlet flies in a glass container for a few days so that they may die. This is also considered to be cruel. If there is any other method of killing them immediately, that should be adopted. For example, one could place them in oil. But if there is no alternative, it will be permissible to kill them through the above-mentioned methods just as the jurists have permitted the killing of silkworms by placing them in the sun because there is no other way of killing them. Live earthworms threaded onto a fish-hook for catching fish is also considered cruel. The bait should be killed and then used for fishing.
ny part of a live animal which has the sense of perception cannot be cut and used for any purpose. In other words, that part which has been severed from a live animal is considered to be a maytah. For example, severing the ear of a live goat or the hard fat that is found near the knees of a horse and using such parts. (This is not permissible). If the part of a live animal has no sense of perception, and is cut off, it is regarded as pure. Such parts include the tusks of an elephant and the hair of a goat. If such a part is obtained from a halāl animal, it will be permissible to eat that part as well. But if such a part is obtained from an animal that is not eaten, it will only be permissibe to use that part externally.
Apart from pigs, the buying and selling of all animals is permissible if it is for some benefit. This is irrespective of whether they are marine animals or land animals, large animals or small animals. Such transactions are even permissible with regard to dogs, cheetahs, snakes, etc. Transactions with regard to dead animals are permissible on condition that they are considered to be pure, e.g. animals of the sea, worms and insects that do not have flowing blood, or animals that have flowing blood but have been slaughtered in the Islamic way. This is because all animals are considered to be pure once they have been slaughtered, except for pigs. Transactions with the meat and other parts of such animals (except pigs) will therefore be permissible if it is for external usage.
All marine animals are pure irrespective of whether they are large or small and irrespective of whether they have been slaughtered or not. However, according to the Hanafi mazhab, it is not permissible to eat any of the marine animals except fish. External usage of all marine animals and the products thereof will be permissible. But it should be borne in mind that it is makruh to kill frogs. However, if a frog is found dead, it will be permissible to use it externally. This refers to frogs that live in water. As for those that live on land, they have flowing blood and are therefore considered to be najis. Therefore, if a land frog is found dead, it will fall under the category of maytah. If a land frog is slaughtered, it will be considered to be pure. If it is very tiny, it will not be considered to possess flowing blood. Water frogs have webbed feet similar to that of ducks. According to the Shāfi'ee mazhab, all marine animals except the following are halāl: shells, crabs, frogs, alligators, snakes, and turtles. According to the Maliki mazhab all sea animals are halāl. Crabs retain their medicinal value even after they are burnt to ashes. Therefore, homoeopathic doctors wishing to use crabs in their medicines should use burnt crabs (or crab ash). Dried testicles of an otter (used as a drug) cannot be used internally according to all the mazhabs. The Hanafis say that it is not permissible because of two reasons: first of all it is the part of a marine animal. The second reason is that it is actually the testicles of the animal. The Hadith clearly prohibits the consumption of testicles. The other mazhabs prohibit it on account of the latter reason. Therefore, it could be used externally because it is pure according to them. It is permissible to add it in perfumes.
Since there is no need to slaughter a fish, it is therefore permissible to eat a fish that has been caught by a kāfir. The same applies to locusts.
Worms and insects and all other land animals that do not have flowing blood are considered to be pure, e.g. most of the insects such as scorpions, butterflies, small lizards which do not have flowing blood, small snakes that do not have flowing blood, etc. All such animals could be used externally in whichever way one wishes but it is harām to use them internally. Only locusts can be consumed internally. It is not permissible for patients afflicted with small-pox to eat flies. It is not permissible to eat earthworms for the purposes of sexual potency. In order to gain benefit from such things, one should rather feed them to small chicks and thereafter eat these very chicks.
If substances are produced from the saliva of insects that do not have the quality of istiqzār (natural dislike) in them, then such substances will be halāl. Such substances include: silk cocoons, etc. This is based on the permissibility of honey (which is also the product of the saliva of bees).
It is not permissible to eat insects that are found inside wild figs. Similarly, it is not permissible to consume vinegar or any other mixture together with any insects that may have fallen into it. Sweetmeats that contain flies cannot be eaten together with the flies. Once the flies (and other insects) are removed, they may be consumed. While filtering honey, if any young of the bees which are not born as yet, become mixed with the honey, there will be no harm in eating such honey because they (the young unborn bees) are not regarded as maytah (animals that have died a natural death), nor are they considered to be animals as yet. The same will apply to web-like substances that form in flour which have not developed into live insects as yet. Such flour together with these web-like substances can be eaten. When filtering vinegar, one should not have any doubt or misgiving that some insect or the other may have got mixed into it and become completely absorbed by it. (In other words, there is no harm in consuming such vinegar).
The buying and selling of maytah is invalid. Maytah is considered to be najis. It is therefore not permissible to use it internally or externally. Leeches, earthworms, and all other insects that do not have flowing blood are not regarded as najis even after they die. Engaging in transactions with them is therefore valid and it is also permissible to use them externally.
Apart from pigs, all animals that have flowing blood become purified once they are slaughtered in the Islamic way. This is irrespective of whether these animals are normally halāl or not. In other words, all parts of such animals that are slaughtered in the Islamic way are pure. Such parts include: the meat, fat, intestines, tripe, gizzard, bladder, nerves, etc. All these parts except for the flowing blood will be pure. Based on this, these parts can be used externally, e.g. bandaging a particular part around the head. Obviously, it will not be permissible to eat such animals except those that are permitted to be eaten. The doctors can benefit tremendously from this mas'ala. The intestines, tripe, gizzard and bladder will have to be thoroughly washed from external impurity.
A maytah is najis except for the following parts: hair, bones which have no meat or stickiness whatsoever on them, and the skin once it is tanned. Certain parts also fall under the purview of the skin and can therefore be purified through tanning. Such parts are: the bladder, the stomach, the gall bladder, the rind, the gizzard, the intestines and the membrane in which the foetus is enveloped. All these parts can be purified through tanning. Nerves and tendons that have been tanned, nails, hooves, horns, feathers, and the parts of a maytah which (according to our view) can be purified; means that salāt with such parts is valid, one can engage in transactions with them (buying and selling), and one can use them externally. However, it is not permissible to eat any part of a maytah irrespective of whether such an animal is halāl to eat (such as goats, bulls, camels, etc.) or whether such an animal is not halāl to eat (such as lions, dogs, etc.). As regards pigs, even all the above-mentioned parts are najis. Some jurists have stated that it is permissible to use the hair of pigs for stitching. This permissibility was based on the need of that time and no longer applies. Tanning in the above context refers to protecting those parts from decomposing and offensive odour.
Ivory is pure irrespective of whether it was obtained from a dead elephant or a live one. However, it is not permissible to use it internally. It can be used externally.
The milk of the animals whose meat is harām is also najis and harām. And the milk of the animals whose meat is halāl is also pure and halāl. Even if a halāl animal dies, it is permissible to extract the milk from its udders. This milk is also pure and halāl. Drinking the milk of a donkey for treating tuberculosis and ulceration of the lungs is considered to be harām medical treatment. The milk of a horse is halāl and pure because a horse is halāl. It is only prohibited because of expediency.
The rule concerning the eggs of animals is the same as the meat of that animal. However, there is a difference between eggs and milk (which is still regarded as pure and halāl after the death of the animal) in that if a halāl animal dies and its eggs are removed from within, the stickiness and wetness that is found on the eggs will have to be removed.
Although the meat and other parts of a harām animal become pure after it has been slaughtered, the eggs do not become pure.
When the rotten egg of a halāl animal turns to blood, that egg will be considered to be najis and harām. But once the blood forms into an offspring, the latter is regarded as halāl and pure. If the offspring has already formed but life has not entered it as yet, then even in such a case it will be considered to be pure and it will be permissible to eat it because it has now formed into meat. The egg of a harām animal is harām and najis in the first and third cases (mentioned above). In the second case if the offspring has life, it will be pure but harām.
Flowing blood is impure. Flowing blood refers to blood which has the capacity to flow. Such blood or any part thereof is najis. It is not permissible to use it internally or externally. The blood that is found at that spot on the neck where an animal is slaughtered is also flowing blood. That area cannot be regarded as pure until that blood is washed off and completely removed. The blood that remains in the veins or the skin is not regarded as flowing blood because it would lead to many complications and problems. There is also no harm in eating it. Apart from this, all other blood does not fall under the category of flowing blood and is certainly pure. But it should be borne in mind that such blood cannot be used internally, e.g. it is not permissible to drink the blood of a bug. It is not permissible to apply the blood of a pigeon on a paralysed portion of the body because it is flowing blood. However, the blood of a bug can be used for the same purpose because it is not flowing blood. Insects are considered to have blood that does not flow. All marine animals, whether large or small, are considered to have blood that does not flow. Lizards and snakes that are less than a span in length are also considered to have blood that does not flow. Pus, matter, and other liquids that flow from wounds and which break wudu fall under the category of blood. Such substances cannot be used in any way. So much so, it is not even permissible to make a dog lick off the yoghurt that is applied on a wound. There are two reasons for this prohibition: (i) The saliva of a dog is najis and we know that when something is categorized as najis, it cannot be used externally as well. (ii) The pus, blood, and other substances that are emitted from a wound are najis and it is not permissible to feed anything that is najis even to dogs.
Blood that has been consumed by a leech is considered to be flowing and therefore impure. However, once that blood becomes part and parcel of that leech, it will be considered to be pure on the basis of tabdeel-e-māhiyat (changing of the intrinsic nature of a substance). The means of differentiating this is that it (blood that is not flowing and therefore pure) will not come off the leech by merely rubbing it. All the waste matter of halāl birds is pure with the exception of blood. However, none of this waste matter can be used internally because of istikhbāth (natural aversion). The gizzards of halāl birds are pure but can only be eaten when their stool has been washed off. The stool of a fowl, duck and wild duck is also najis.
If the liquid from the bladder of a halāl bird falls in the surmah, it is considered to be pure and will be permissible to use. However, the bladder of a fowl, duck and wild duck is najis just as their dung is najis. The liquid from the bladder of harām birds and other animals that have flowing blood is impure. The liquid from the bladder (wherever we have mentioned that it is permissible) will only be permissible if this liquid is less than the content of the other medicines. However, it will be necessary to wash the eyes thoroughly prior to offering salāt if this medicine has flowed out of the eyes. If the content of the medicines is less than that of the liquid of the bladder, it will not be permissible because it is considered to be najis just as urine is najis.
It is permissible to apply the bladder of a goat and its liquid onto a pimple or sore. This is based on the opinion of Imam Muhammad rahmatullahi alayh who regards the urine of a halāl animal (that can be eaten) as pure.
The excreta of all animals apart from halāl birds is impure. That which cannot be avoided will be overlooked, e.g. the droppings of flies and silkworms. No matter how much you try, some of the droppings will definitely remain behind on the silk. On account of general necessity, the excreta of bats is considered to be pure, i.e. it can be overlooked. In fact, some jurists have gone to the extent of saying that if the urine of cats falls on the clothes, it can be overlooked. But if their urine falls in water, the water will become najis. The excreta of snakes and leeches is najis. Shayāf-e-magsi (a medication for eyes which contains the excreta of flies) is najis because the principle of general necessity does not apply to the eyes. However, it will be permissible to apply it to the eyes because it is mixed with other medicines which are more than it in content and which are not najis. However, if the medicine flows out of the eyes, it will be necessary to wash it off prior to offering salāt.
The excreta of harām birds is also najis but it is najāsat-e-khafeefah. However, with regard to crows the ruling has been given that it can be overlooked on the principle of general necessity. When any impurity is categorized as najāsat-e-khafeefah, it does not have any influence on the prohibition of its usage. In this regard, najāsat-e-khafeefah and najāsat-e-ghaleezah are equal. Only in salāt there is a difference in that the amount that can be overlooked is the extent of a coin that is approximately 3 centimetres in diameter in respect of najāsat-e-ghaleezah, and one-quarter of a part of a garment in respect of najāsat-e-khafeefah. Water that becomes najis through a najāsat-e-khafeefah is also considered to be khafeefah. And that which becomes najis through a najāsat-e-ghaleezah is also considered to be ghaleezah.
The urine of a bat is considered to be pure on the basis of general necessity while others have stated that it is pure on the basis that this animal is in itself halāl.
Apart from birds, the saliva and perspiration of halāl animals is pure. The urine of such animals is najāsat-e-khafeefah. All the other fudalāt, such as that which is in the stomach, intestines, excreta, sperm, etc. are najis, i.e. najāsat-e-ghaleezah.
The rule concerning harām animals other than birds is the following: their saliva, offal, excreta, urine, sperm, perspiration, etc. are all regarded as najāsat-e-ghaleezah. Based on this, the filth that is found in the ears of an elephant is also najis. This can only be used externally provided that it is mixed with another substance and its quantity is less than this latter substance. If this filth is used on its own, or mixed with another substance but it is more than the latter substance, then it will not be permissible to use it even for external purposes. The perspiration of an ass and a donkey is pure. Based on this, its filth is also pure. It can therefore be used externally.
The urine of rats is najis. However, on account of necessity, it can be overlooked. Similarly, its excreta is also najis. However, it can be overlooked provided its usage is confined to times of necessity. For example, if some of its excreta falls into some medication, one can still use that medication provided that the excreta does not integrate and get mixed up with the medicine. And provided that its quantity is not too much. It will not be permissible to use it intentionally, e.g. bandaging it around the stomach or applying it to a wound caused by a dog. But if there is no other medicine, it can be used because it has been proved to be beneficial.
The perspiration, filth, tears, mucus and saliva of man is pure. The saliva can be applied to herpes and to the eyes. The dirt that is emitted from the ears can be used externally. This cannot be used internally on the basis of istikhbāth. Apart from this, all the other fudalāt of man is najis and therefore cannot be used internally or externally. A small amount of vomit (i.e. an amount which does not invalidate wudu) falls under the category of blood that does not flow. In other words, it is not impure. However, it cannot be used internally on the basis of istikhbāth.

Miscellaneous Masa'il

This topic deals with things that together comprise of animal life, plant life, and inorganic bodies. Other miscellaneous masa'il will also be mentioned.

It has already been mentioned previously that in the Islamic Shariah, the basis for the prohibition of a particular thing could be one or all of the following four reasons:

impurity,
harm,
istikhbāth, i.e. things that are abhorred and disliked by a normal person possessing a sound mind, e.g. worms, certain insects, etc.
intoxication.

When anything that is najis is mixed with a substance that is not najis, the entire mixture is regarded as najis. If that which is najis is more than the other substance, then the entire substance is regarded as najisul 'ayn. In other words, such a substance can neither be used internally nor externally, e.g. if a person fills a container with urine, thereafter adds a handful of water to it and wishes to use it externally; this will not be permissible. If the other substance is more than the najis substance, then although the entire substance is still najis, it can be used externally. But it should be borne in mind that purity when offering salāt is essential and that caution in using such substances is preferable. When a pure substance is mixed with an impure substance and thereafter this mixture is purified through one of the acceptable forms of Islamic purification, then we would give the ruling that this entire substance is pure once again. If not, it will remain impure. Tabdīl-e-māhiyat is also a means of purification.

If a harmful substance is mixed with a harmless substance thereby causing the entire substance to be harmless, then this substance will no longer be prohibited, e.g. if arsenic is mixed with an antidote, or some other poison has been treated in such a way that its harmful effects are removed.

If a detestable (khabeeth) substance is mixed with something that is not detestable and the resulting substance does not have the quality of istikhbāth, it will be permissible to use such a substance. If not, it will be harām. For example, a fly falls in a pot of curry. If the fly remains intact, it will be harām to eat it. But if it becomes completely absorbed and mixed with the curry (to the extent that it cannot be identified), then generally, (depending on the society we live in), this will not be considered to be detestable. This curry will therefore be halāl despite the fact that we have full conviction that parts of the fly are in that curry.

Tabdīl-e-māhiyat

Rules and laws are also changed on the basis of tabdīl-e-māhiyat. For example, grape juice is pure. However, once it forms into another substance, i.e. alcohol, it becomes impure. When this alcohol forms into another substance, i.e. vinegar, it becomes pure once again. Tabdīl-e-māhiyat refers to the changing of a particular substance to another substance, the ruling regarding which is the complete opposite of the first substance. For example, an impure substance transforms itself into another substance which is regarded as pure. This impure substance (which transformed itself) will therefore be pure, e.g. manure is impure. However, when it turns into soil, (and we know that soil is pure), it will therefore be pure. Another example: an egg is pure. However, this egg turned into blood. Since blood is impure, this egg will now be considered to be impure. When a clot of this blood forms into meat, it will be considered to be pure because we know that meat is pure. If the change takes place in a thing in such a way that the ruling with regard to it is the same as that when it was prior to the change, then the same rule will apply to that thing (even though a change has taken place). If it was pure, it will be regarded as such. And if it was impure, it will be regarded as such. For example, a bone was burnt and it turned to ash. A bone is pure and ash is also pure. Therefore, despite a change taking place, it will still be pure. If sperm turns into blood, then although a change has taken place, it will still be impure because both sperm and blood are impure. And if a clot of blood turns into a piece of meat, it will become pure because a piece of meat is pure. If the change is not complete, i.e. the second substance was not formed from the first and just a partial change took place, then the rules will not change. For example, bread was made from impure wheat. Although the impure wheat changed its form and turned into bread, this is not regarded as the formation of a new substance.

Masa'il

1. If insects are sealed in a container and turned into oil through a heating process, it will not be permissible to consume this oil. This ruse is similar to that of removing the starch from impure wheat or removing the essence of impure water.

2. The smoke of all substances is pure. Smoke is actually the minute and extremely light particles of burnt items which rises on account of extreme heat. Alternatively, it could be minute pieces of coal. It is obvious that coal only forms after burning and burning is actually a form of tabdīl-e-māhiyat. As for steam or vapour, it is najis if it is emitted from something that is najis. This is because the quality of burning is not found in steam or vapour. It is that very water (or whatever liquid that is being burnt) which rises on account of it being heated. It is as if someone is throwing the water. If steam and smoke mix with each other, this mixture will be najis because something that is not najis has mixed with something that is najis. The method of identifying a mixture of steam and smoke is that if this mixture forms or collects on anything and begins dripping, it will be regarded as steam. If black steam rises from a moist object, this steam will be considered to be a mixture of steam and smoke.

3. If juice has been extracted from flesh (i.e. if soup is made from meat) and some blood or any other impure substance falls into it, then this extract will be najis and harām. And if earthworms or other pure but not consumed substances are added to this soup, it will be harām to drink it. In both cases tabdīl-e-māhiyat has not taken place.

4. The dry dung of a rabbit was added into a smoking pipe. It will be permissible to smoke this pipe if it is smoked in order to prevent the excessive passing of wind. This is because the smoke is pure even though it may have passed through water and because it was pure before it could pass through the water. If moist dung was filled into the pipe or dry dung was mixed in a syrup and then filled into the pipe, it will be najis on account of it being adulterated with steam. The entire pipe including its mouth will now be najis. Smoking such a pipe will now be harām.

5. If any najis substance is added to water and thereafter put to boil in order to apply the steam to one's body or clothing, this will be similar to plastering or anointing the body with something that is pure. This means that the act in itself is permissible but the body or clothing will become impure. It will become impure on the condition that the steam collects at a certain place (of the body or clothing) and begins to drip. The mere steaming of the body or clothing (without any dripping of the steam) does not make it impure.

6. Sal-ammoniac was mixed with the urine of a donkey (or any other najis substance) and poured into a container. Another utensil was kept on top of this in such a manner that it sealed the bottom container (in order to prevent the steam from escaping). Thereafter, this was heated in such a way that the essence of the bottom container began accumulating on the top utensil. This substance that accumulated on the top utensil is not pure because it is actually the steam of that najis sal-ammoniac and we know that tabdīl-e-māhiyat does not take place in steam.

7. The ash of everything is pure because tabdeel-e-māhiyat has taken place. Based on this, the ash of man's bones and those of a pig is pure and halāl and could be used internally and externally. However, it should be borne in mind that it is not permissible for a Muslim to burn the bones of a human. If there is a need for such ash, it could be purchased from a mortuary.

8. If insects are added into oil, burnt thereafter, and then formed into coal, it will be permissible to consume that oil and coal and to apply it as well. This is because the quality of istikhbāth is no more found on account of tabdīl-e-māhiyat. If cow-dung or any other najis substance is added to oil and burnt, the dung or najis substance will become pure and halāl on account of tabdīl-e-māhiyat. However the oil will have to be cleaned thoroughly prior to using it. The oil will be najis because a najis substance has been added to it and it has not been purified through any other means. It could be used externally but not internally. When offering salāt, it should be washed off.

9. A fish that is in impure water is pure and halāl. The reason for this is that whatever water it may have consumed has become a part of it and tabdīl-e-māhiyat has taken place. Obviously, the water that is on its body will have to be washed off. If the offensive odour of the impure water is found in the fish, it will be makruh to consume it. Instead, this fish should be kept in pure water (while it is still alive) for three days and thereafter consumed. However, even in this case it will still be makruh to consume it. But it should be borne in mind that the karāhat (detestability) in eating this fish is less than the karāhat in eating a jallālah. (For an explanation of a jallālah, refer to the next mas'ala).

10. A fowl was given sand lizards, earthworms, the fat of a lion or any other najis substance in order to fatten it. It will be permissible to eat such a fowl. However, if the smell of that substance appears in the fowl itself, it will be preferable to encage it and feed it with pure substances for at least three days. Thereafter, one may slaughter and consume it. Such an animal is known as a jallālah in Islamic jurisprudence. Eating a jallālah animal is makrūh-e-tahrimi. But this refers to that animal which only eats najāsah and which thereby results in the odour of that najāsah being found in its meat. If it does not confine itself to najāsah only (but eats other pure substances as well) then it will not be makrūh-e-tahrimi to consume such an animal. However, it is preferable to encage such an animal as well for three days, feed it with pure substances only and thereafter consume it.

One of the methods of feeding a najis substance to an animal is that you should not feed it directly with your hands. Instead, go and keep that substance at a certain place (not in the presence of the animal) and drive the animal towards it. It will then eat on its own accord. Similarly, if you wish to make vinegar from alcohol, take the vinegar to the alcohol and add it into it. Do not take the alcohol to the vinegar.

11. If the steam of impure water gets onto the body, we will only say that the body has become impure if the steam accumulates on the body and begins to drip. The mere heat of the steam getting onto the body will not render it impure. Just as we will not give a ruling of impurity by the mere entry of an impure odour to the brain, in the same way, if the evil odour of smoke or steam from a najis substance gets into one's clothing or body, then we will not say that the clothing or body is now najis.

12. A certain substance was filled in a clay pot. Thereafter this pot was buried in horse-dung or any other najis substance. Two months later, this pot was removed. If the pot became wet on account of the najis substance, or if one perceives the foul odour of that najis substance emanating from the original substance or from the pot itself, then the original substance will be impure. If not, it will be pure. It would be preferable to smear the top of the pot with coal tar, resin or any other similar substance whereby the impurity will not be able to penetrate the pot. The reason is that burying the pot in horse-dung was not done in order for the dung to penetrate the pot. The purpose of burying it in the horse-dung was to obtain the special heat of the dung. Even if a steel pot is buried in sand, the required heat could be obtained.

13. The bones that occasionally come out from the excreta of sheep are pure. The impurity that surrounds them should be washed three times and thereafter dried. However, it will not be permissible to consume these bones because we do not know whether they belong to halāl or harām animals.

14. The milk that curdles in the stomach of the young of an animal is pure and halāl. This is irrespective of whether it is from that of a camel or any other animal whose meat is consumed. The method of obtaining this milk is that a suckling animal is made to drink milk and slaughtered immediately thereafter. The milk (which it had drank a short while ago) is removed from its stomach. This milk is now slightly coagulated. The effect of this milk is that it can now thicken liquids and also soften things that are in a solid form. It also has other characteristics. It is from this that cheese is manufactured. Contrary to the normal ruling, this milk is regarded as halāl. It should be remembered that the normal rule is that whatever is in the stomach has the same rule as that of the excreta of that animal. However, the purity and permissibility of cheese is something that is established and agreed upon. It is for this reason that this milk is also considered to be pure and halāl. However, one cannot draw an analogy with this in order to make cud permissible. (Cud is harām).

15. Question: Can a Muslim doctor prescribe najis medicines to non-Muslim patients? If he can, does this include maytah and alcohol as well?
Answer: This is permissible on the condition that the non-Muslim patient does not consider such medication to be najis or prohibited from his religious point of view. If he is informed later (regarding the permissibility or prohibition of such medication in his religion) but still chooses to consume such medication, it will be permissible for the Muslim doctor to prescribe such medication irrespective of whether the non-Muslim patient considers it to be permissible or not. Alcohol is also included in this permissibility on the condition that the Muslim doctor merely writes out a prescription or asks the patient verbally to obtain it. It will not be permissible for the doctor to keep such alcohol or any other najisul 'ayn medication and personally give it to his patients. It is not permissible for a Muslim to take any money for anything that is najis. For example, some traders sell alcohol and foreign meat. It is not permissible for them to take any money for such products even from non-Muslims. In this context, alcohol refers to the four types of alcohol that were mentioned in the beginning.

16. Question: Is it permissible to consume phosphorus?
Answer: It is permissible because phosphorus is actually obtained from the ash of bones. And the ash of all bones is pure on the basis of tabdeel-e-māhiyat.

Conclusion

Prior to this, we had mentioned all those substances that are used for medical purposes and that fall under the categories of inorganic bodies, plant life and animal life. It would be appropriate to mention certain practices that are prevalent at the time of seeking medical treatment but are prohibited in the Shariah. The most frequent practice concerns the exposure of the aurah of the patient, especially the female patient. Maulana Thanwi rahmatullahi alayh has the following to say in this regard:

"People display lack of caution with regard to covering the aurah of the patient. They do not even bother whether the knees or thighs are exposed. If, during a medical examination, there is a need to expose any part of the body, they are not cautious. It should be borne in mind that only that which is necessary to expose should be exposed. Moreover, the body should only be exposed to those who have something to do with the medical examination and not to others. At times, it is exposed to others who are present including other patients. This they do on the assumption that others will be a source of consolation to them. In short, it is not permissible to expose the body to others, nor is it permissible to expose more than what is necessary. The seriousness of this can be gauged from the fact that if a woman is about to deliver her child, it will be permissible for the doctor to look at the place of birth only if is it necessary. But because a kāfir woman (assuming that the doctor is a kāfir woman) falls under the category of a ghayr mahram, it will be harām for this woman who is in labour to keep her head uncovered in the presence of this kāfir woman doctor. The reason for it being harām to uncover her head is that there is no need to uncover the head. Similarly, if a woman's blood has to be cupped, the person performing this surgery can only look at the place where the surgery is going to be performed. It will be wajib for others who are present to leave, close their eyes or turn away. It is not permissible for others to look at the exposed part of this woman's hand. Similarly, if a boy is being circumcised, it will be permissible for the person performing the operation to look at only what is necessary. It will not be permissible for others to look at the exposed parts of the boy. Similarly, if a boil or sore has to be split open, the doctor or whoever else is undertaking the task can look at that exposed place. Others cannot look."

Presently, something more serious is in vogue. This has to be rejected with more emphasis. This has been initiated by the so-called educated persons. We refer to the custom of going to male doctors for the delivery of a child instead of going to mid-wives. When it is not permissible for a woman to look at the aurah of another woman except when necessary, how can it be permissible for a man to look at the aurah of a woman? It should be borne in mind that the further away a man is (in relation) to a woman, the more serious the sin and the more intense the prohibition will be. When a Muslim woman is in dire need of medical examination, the most rightful person will be another Muslim woman who is close to her. Thereafter it is a kāfir woman, who is equal to a ghayr mahram in status. Thereafter a Muslim male doctor. And thereafter, a non-Muslim male doctor. One should not go to a non-Muslim male doctor first (but choose him as the last alternative). This is a sign of great immorality, a major sin, and an improper following of the above-mentioned sequence. The excuse of necessity (or there being no alternative) is totally unacceptable. When this practice was not prevalent, babies were still being born. Even today, families that have a sense of shame and morality have babies born to them and the mid-wives are fulfilling all the necessary tasks. Once a new practice is initiated, a person will definitely experience problems and complications if he tries to do something contrary to what he has now become accustomed to. Take the case of Europeans who normally do not resort to indigenous or home-made medical preparations when it is a well-known, established fact that some of these modern medicines do not help in any way while the home-made preparations are much more beneficial. Based on certain worldly reasons, they do not wish to get into the practice of using home-made preparations. Is this stopping them from carrying on with whatever they want to? No. If, for Shar'ee reasons, we do not opt to go to male doctors for the delivery of our children, will this cause the birth of babies to cease? Definitely not!

Maulana Thanwi rahmatullahi alayh has mentioned the word "ghayr mahram" above. This word has to be clearly understood as well. Many people err in this regard. A Shar'ee mahram is one with whom there is no possibility of marriage being permissible or valid for one's entire life. Such persons are: one's father, son, brother, step-brother (irrespective of whether the father is one and they have two mothers, or whether the mother is one and they have two fathers), sons of these brothers and sons of sisters (i.e. nephews). The person with whom there is the possibility of marriage at any stage of one's life is not a Shar'ī mahram. Instead, he is a ghayr mahram. All the rules pertaining to a stranger will apply to this person as well even if there is some sort of relationship between them. Such persons include: paternal and maternal cousins, husband's brother, sister's husband, husband of the husband's sister, etc. These are all ghayr mahrams. The precautions that are accorded to strangers will have to be accorded to them as well. In fact, since the possibility of falling into sin with such persons is greater, stricter precautions will have to be taken when dealing with them.

It is harām even for a Shar'ee mahram to look at or touch a woman from her navel till below her knees, her belly and her back. If the head, face, hands, arms, calves become exposed out of necessity, there will be no sin. But it is inappropriate to expose the arms and calves unnecessarily. As for a ghayr mahram (i.e. a strange person and also all those relatives whom we have mentioned above and included among strangers), it is not permissible for him to look at any part of the body. If there is a great necessity, the hands up to the wrists and the feet up to the ankles could be exposed. We have written all this because doctors display no caution whatsoever when examining female patients. They fearlessly examine the belly and other parts.

[Back|Home]