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People Infected with COVID-19 are Prohibited to Mix with Others in order to Avoid Transmitting the Infection
Author : The General Iftaa' Department
Date Added : 04-11-2020

People Infected with Coronavirus are Prohibited to Mix with Others in order to Avoid Transmitting the Infection 

 

The people infected with an infectious disease such as COVID-19  or might be aren't permitted to mix with sound people, in order to avoid transmitting it to the latter; because this will cause damage; particularly, to the people in the first place , country's health, economic and security in addition to causing failure to both private and public sectors.

 

In this regard, the Prophet (PBUH) ordered us to be in quarantine in case plague breaks out which is considered an infectious disease, since he said (What means):" If you hear that it (plague) has broken out in a land, do not go to it; but if it breaks out in a land where you are present, do not go out escaping from it." Besides, according to scholars, the forbid in the above narration is of the same level of prohibition .i.e. the prohibition of going out a country in if the plague breaks out in it and the prohibition of fleeing away from a country in which the plague has broken out in it.

 

Moreover, Every infectious disease such as COVID-19 is measured and should has the same procedures of plague, so the infected person isn't permitted to mix with sound people because such an act will definitely cause them harm; in addition, the Prophet (PBUH) said (What means):" There should be neither harming nor reciprocating harm.". 

Further, the infected one is not permitted to pray at the Mosque and to avoid gatherings at all and considered sinful if he did otherwise. As the smell of onion and garlic exempts a person from performing congregational prayers in the Mosque, then what will be the case with infectious disease that might cause either death or harm!

 

Therefore, the infected person has to abide by the quarantine as well as to follow the procedures and instructions issued by specialists, and whosoever isn't committed to the latter procedures is considered sinful according to the ruling of Sharia and his act is of striving with might and main for mischief through the land, for Allah, The Exalted said (What means):" and those strive with might and main for mischief through the land." 

 

Furthermore, whoever violates the above procedures and instructions deserves punishment in this life and in the Hereafter, because he violated what been enjoined by Allah and His Messenger and accordingly, the ruler who ordered the infected person not to mix with others for the good of all people; yet, the latter should act in accordance to the benefit of people as stipulated by jurists and the punishment of the aforementioned violation is determined by him based on the quantity of damage inflicted upon others by the infected person.

 

Besides, whosoever avoid the quarantine and mixes with others although being infected with infectious disease and causes death to others, is considered murderer and he is obliged to pay Diya and fast for two consecutive months. In addition, the compensation (the Diya and fasting) are due on him for each death that took place due to his violation, for Allah, The Exalted said (What means):" Never should a believer kill a believer; but (If it so happens) by mistake, (Compensation is due): If one (so) kills a believer, it is ordained that he should free a believing slave, and pay compensation to the deceased’s family, unless they remit it freely. If the deceased belonged to a people at war with you, and he was a believer, the freeing of a believing slave (Is enough). If he belonged to a people with whom ye have treaty of Mutual alliance, compensation should be paid to his family, and a believing slave be freed).

 

Finally, the person infected with COVID-19 and the one who might be should take all proper procedures to preserve their health .i.e. being in quarantine to avoid transmitting the infection and whoever violates that is considered sinful and is to be punished in this life and in the Hereafter; furthermore, if he didn't get his punishment in this life then he won't be able to do so in the Hereafter save if he repent to Allah.

 

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Summarized Fatawaa

I can`t afford to get married, what should I do to curb my sexual drives?

You should offer a lot of voluntary fasting, keep busy with useful and permissible acts and make supplication to Allah, The Exalted.

What is the ruling of Islamic Law on compensating the patient in case of medical error on the part of the treating physician?

 
All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
The foundational principle is that every mistake issued by a physician that causes harm to another due to his negligence or lack of expertise obligates him to guarantee liability and compensate the harmed party. The Sharia maxim, in this regard, states: "The direct actor is liable."
 
Ibn Qudamah (may Allah have mercy on him) says: "As for if he was skilled but his hand committed an error—such as exceeding the proper limit of incision, cutting in an incorrect site, cutting with an instrument that inflicts excessive pain, or cutting at an unsuitable time—he is liable, because it is destruction (Itlaf) whose liability does not differ between intent and mistake, thus resembling the destruction of property; and because it is a prohibited act, so he guarantees liability for its secondary effects." [Al-Mughni].
 
However, if the physician performed what was necessary in the most complete manner and took all measures of care and caution, but complications occurred that could not be avoided according to specialists, then no liability rests upon him.
 
Shaykh al-Islam Imam al-Nawawi (may Allah have mercy on him) says: "The cupper and the circumciser bear no liability if they have not been negligent, and likewise the veterinarian if he bleeds an animal and it perishes." [Rawdat al-Talibin].
 
Al-Khattabi (may Allah have mercy on him) said: "I know of no disagreement that if the practitioner transgresses and the patient perishes, he is liable. Anyone who undertakes knowledge or practice he does not know is a transgressor; so if perishing arises from his action, he is liable for the blood-money (Diyah) while capital retaliation (Qisas) is dropped from him, because he did not act independently without the patient's permission. And the physician’s offense in the view of the generality of jurists is borne by his agnates ('Aqilah*)."* [Ma'alim al-Sunan].
 
If negligence or transgression is established against the physician, it is necessary to compensate the patient or seek forgiveness from him. And Allah Almighty knows best.

What is the ruling on ablution if vaginal discharge is expelled, and is it impure?

If these discharges exit from the external genitalia (apparent part of the vagina), they are not impure and do not invalidate ablution. If they exit from the internal part, they are impure and do invalidate ablution. If it is uncertain whether they are from the internal or external part, they are not impure and do not invalidate ablution.
 
The apparent part is what becomes visible when sitting, and what the husband's penis reaches during intercourse is considered part of the apparent. The internal part is what is beyond that. And Allah the Almighty knows best.

In the Sharia-compliant viewing  at a prospective bride (*al-naẓrah al-sharʿiyyah*), is it permissible for the man to see the woman without a veil (*ḥijāb*)?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
It is sunnah for the suitor to see the woman he is seeking to marry within the limits the Sharīʿah permits, namely looking at the face and the hands (palms and backs), based on the saying of the Prophet (peace and blessings be upon him): “Look at her, for it is more likely to bring about harmony between you.” Narrated by al-Tirmidhī.
The suitor may also ask one of the women to look at the woman he is seeking to marry. In that case, she is permitted to see of her what she is normally permitted to see, which is not limited to the face and hands, and she then describes these matters to the suitor. It is narrated on the authority of Anas (may Allah be pleased with him) that the Prophet (peace and blessings be upon him) sent Umm Sulaym to look at a girl, and said: “Smell her breath, and look at her heels.” Narrated by Aḥmad in his Musnad.
It is stated in Tuḥfat al-Muḥtāj (Vol.7/p.192): “For one who cannot easily look, or does not wish to look himself, it is sunnah to send someone who is permitted to look at her, to observe her and describe her to him, even regarding what he himself is not permitted to look at. He thereby gains through the sending what he would not gain through looking. Because of the added need for this, it is excepted from the prohibition of a woman describing another woman to a man.”
The permissibility of looking is conditional upon his resolve to marry her once he is able to, his predominant assumption that his proposal will be accepted, and his assumption that the woman is free of marriage and of a waiting period (ʿiddah). Otherwise, looking is forbidden.
Accordingly, it is not permissible for the suitor to look at anything other than the face and hands. He may ask one of his maḥram women, such as his mother or sister, to see the woman unveiled, and the Sharia-compliant viewing (of a prospective bride) must take place in the presence of one of the woman’s maḥrams. And Allah Almighty knows best.