If Someone Dies at the Hands of an Unqualified Doctor or Healer

Narrated by Amr ibn Shu'ayb, from his father, from his grandfather:
The Messenger of Allah ﷺ said: "Whoever practices medicine without being known for it, he is liable (for damages)."
Reported by Abu Dawud

Verification and Referencing:
[Abu Dawud: 4586, Al-Nasa'i: 8/52-53, Ibn Majah: 3466]

✿ Key Points ✿​

Liability of an Unqualified Practitioner:
If someone dies at the hands of an unqualified doctor or healer, the practitioner must pay blood money (diyah) by consensus, because he acted knowingly despite lacking certification or expertise.

Legitimacy Through Certification:
When someone becomes a qualified doctor or healer through governmental certification and is officially recognized, it is permissible for them to prescribe medicine and treat patients. This includes those holding degrees like M.B.B.S. and others in the field of medicine today.

Qualified Practitioner's Protection:
If a qualified doctor administers treatment with full care and effort and a patient still dies, the doctor is not held liable. His diligent effort is acknowledged, and any resulting death is overlooked as an error in ijtihad (judgment).

Governmental Responsibility:
The government must establish accredited institutions and regularly dispatch inspection teams to various areas. These teams should check dispensaries, medical centers, and the individuals administering medicine to distinguish between genuine and fake practitioners.

The Noble Status of Medicine:
Medicine and the field of healing are praiseworthy in Islam. If managed under Shariah guidelines and proper safeguards, the practice of medicine becomes a significant and rewarding act of service.

Source:
This material is taken from the book "Ḍiyā’ al-Islām fī Sharḥ al-Ilmām bi-Aḥādīth al-Aḥkām" authored by Shaykh Taqi al-Din Abu al-Fath, translated by Maulana Mahmood Ahmad Ghaznfar.
 
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