Question:
Is it permissible for a Muslim sick woman to go to any of the following doctors for treatment and tests: a non-Muslim man, a non-Muslim woman, or a man who is Muslim but neither prays nor fasts?
Answer:
The correct opinion among the scholars regarding the one who does not pray is that undoubtedly he is a disbeliever, because the Prophet ﷺ said:
العهد الذى بيننا و بينهم الصلاة فمن تركها فقد كفر
“There is a covenant between us and them (the disbelievers) to establish prayer; whoever abandons prayer has committed disbelief.” (This is narrated by Abu Dawood from the hadith of Buraydah رضي الله عنه)
In Sahih Muslim, Jabir رضي الله عنه narrates that the Messenger of Allah ﷺ said:
ليس بين العبد و الكفر أو الشرك إلا الصلوة
“There is a difference between a believing servant and a disbeliever or polytheist regarding prayer.”
Therefore, both (the one without prayer and the one without fasting) are disbelievers, and for treatment, a woman’s mahram should take her along, whether she seeks treatment from a Muslim or a disbeliever. Scholars say there is no harm in seeking treatment from a Muslim doctor, but if a Muslim doctor is not available, she may go with her guardian to a disbeliever doctor, provided there is no fear of fitnah (temptation) in doing so, then there is no harm. We should not be harsh or strict on this issue. So, among the people, there are those who say: I will not take my wife to any male (doctor) for treatment. However, it was the practice of the Companions رضي الله عنهم that their women used to dress wounds and give medicine to the sick. But if the person who says this himself falls ill and feels severe pain due to the intensity of the illness, it is possible that he may seek treatment from any man, Muslim woman, disbelieving woman, or anyone else without discrimination. To such a person, we will recite the Prophet’s ﷺ authentic saying:
لا يؤمن أحدكم حتى يحب لأخيه ما يحب لنفسه؟
“None of you truly believes until he loves for his brother what he loves for himself.”
And when a person demonstrates strong faith by patiently enduring the illness until he finds a doctor from whom treatment is safe from fitnah, that is good (otherwise, out of necessity, he may seek treatment from the mentioned doctors). And when a person has a disease that disrupts purity, such as urinary incontinence, continuous menstruation, or continuous istihadah (non-menstrual bleeding), then in such a case, it becomes obligatory for the person to seek treatment for these diseases even if it is from a disbeliever.
