Jurisprudence of treatment (book): Difference between revisions
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=== The permission for a doctor to look at the body of a patient of the opposite sex and touch it in cases of emergency === | === The permission for a doctor to look at the body of a patient of the opposite sex and touch it in cases of emergency === | ||
Citing numerous verses and hadiths, Qāsimī considers it forbidden for a doctor to look at a non-mahram person’s body in normal conditions without special necessity, like the looking of others (pp. 66-67). He believes in the permissibility of a male doctor looking at the hands and faces of non-mahram women and rejects the arguments of those who believe in its forbiddance (p. 90). Regarding the doctor’s look at a patient’s private parts in normal conditions and without necessity, following all jurists, the author considers it to be haram, whether the patient is of the opposite sex or the same sex as the doctor (p. 96). In this book, it is considered haram to touch a non-mahram person’s body under normal conditions, whether in examination or in treatment and surgery; but it is allowed to touch the body of a non-mahram person without the intention of pleasure and from over the clothes or with gloves, because according to hadiths, touching without an intermediate is forbidden (pp. 97-98). | Citing numerous verses and hadiths, Qāsimī considers it forbidden for a doctor to look at a non-mahram person’s body in normal conditions without special necessity, like the looking of others (pp. 66-67). He believes in the permissibility of a male doctor looking at the hands and faces of non-mahram women and rejects the arguments of those who believe in its forbiddance (p. 90). Regarding the doctor’s look at a patient’s private parts in normal conditions and without necessity, following all jurists, the author considers it to be haram, whether the patient is of the opposite sex or the same sex as the doctor (p. 96). In this book, it is considered haram to touch a non-mahram person’s body under normal conditions, whether in examination or in treatment and surgery; but it is allowed to touch the body of a non-mahram person without the intention of pleasure and from over the clothes or with gloves, because according to hadiths, touching without an intermediate is forbidden (pp. 97-98). | ||
Citing hadiths and the fatwas of Shia jurists, the author believes that in cases of necessity and emergency, as well as in case if a doctor of the opposite sex has greater proficiency, many of the rulings indicating impermissibility under normal conditions, become permissible. According to him, emergency is realized when there is no access to a doctor of the same sex and, when practicing medicine for a patient of the opposite sex, doctors should limit themselves to the necessary amount in terms of | Citing hadiths and the fatwas of Shia jurists, the author believes that in cases of necessity and emergency, as well as in case if a doctor of the opposite sex has greater proficiency, many of the rulings indicating impermissibility under normal conditions, become permissible. According to him, emergency is realized when there is no access to a doctor of the same sex and, when practicing medicine for a patient of the opposite sex, doctors should limit themselves to the necessary amount in terms of gaze (Nazar) and physical contact (Lams) time for examination and treatment (pp. 100-106). | ||
=== The necessity of obtaining permission from the patients or their guardian for examination and treatment === | === The necessity of obtaining permission from the patients or their guardian for examination and treatment === | ||