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It is Forbidden for a Person with a Contagious Disease to Mix with others
Author : The General Iftaa` Department
Date Added : 05-07-2023

It is Forbidden for a Person with a Contagious Disease to Mix with others

 

Praise be to Allah the Lord of the Worlds. May His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.

 

The General Iftaa` Department confirms that the preservation of human life is amongst the great purposes of Islamic Law. This is reflected in the Glorious Quran and the Sunnah of our Prophet Mohammad (PBUH), and the sayings of the great jurists from amongst the Imams of our Muslim nation.

In order to save souls and lives, Prophet Mohammad (PBUH) commanded that we protect ourselves from contagious diseases and adopt legitimate measures to limit their spread. Allah's Messenger (PBUH) said, "(There is) no 'Adwa (no contagious disease is conveyed without Allah's permission). nor is there any bad omen (from birds), nor is there any Hamah, nor is there any bad omen in the month of Safar, and one should run away from the leper as one runs away from a lion." {Transmitted by Bukhari}. He (PBUH) also said: "The cattle (sheep, cows, camels, etc.) suffering from a disease should not be mixed up with healthy cattle, (or said: "Do not put a patient with a healthy person). " (as a precaution) {Transmitted by Bukhari & Muslim}.

 

Prophet Mohammad (PBUH) also commanded resorting to quarantine as a means to prevent the spread of contagious diseases. He said, "If you hear of a plague in a land, do not enter it, and if it breaks out in a land where you are, do not leave it." (Transmitted by Bukhari & Muslim).

 

Our great jurists have taken the above into account. Sheikh al-Islam Imam Zakariya al-Ansari al-Shafi'i said:" The judge 'Iyad has narrated from the scholars that the leper is prevented from the mosque, Friday prayer, and mixing with the people." (Asna al-Matalib, V.1:215).Imam al-Shihab ibn Hajar al-Haytami al-Shafi'i stated: "The reason for preventing someone like a leper is fear of harm, and in such situation prevention is obligatory." (Al-Fatawa al-Fiqhiyyah al-Kubra, V.1:212).

 

Based on the above, it is obligatory for everyone to fully comply with all health and regulatory instructions issued by the competent authorities, in obedience to Allah the Almighty and to those in authority. Allah says {What means}: " O ye who believe! Obey God, and obey the Apostle, and those charged with authority among you." {An-Nisa`, 59}. 

 

Everyone must also take the necessary means to prevent the transmission and spread of the disease, such as wearing a mask, maintaining safety distances, staying away from gatherings, avoiding shaking hands and kissing, and taking appropriate medications and vaccines. It is also forbidden for someone who has been infected with a contagious disease or who is suspected of being infected with it to transmit it to others by mixing with them. He/she must take the necessary health precautions, such as quarantine, even in their home. Moreover, it is forbidden for him/her to hide their illness so as not to harm others.

 

We ask Allah Almighty to bless our country along with all Muslim countries with safety and security, and to protect us from diseases and ailments. Verily, He is capable of that, and our last prayer is that all praise be to Allah, the Lord of the Worlds.

 

 

 

 

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Summarized Fatawaa

Is it permissible for a woman who has become pure before the end of forty days of confinement to perform different acts of worship? and is it lawful for her husband to have sex with her?

Once postpartum bleeding ceases and she is certain that it won`t happen again, she becomes pure, and so she should perform Ghusl (ritual bath), pray, and fast. She can also have sex with her husband even before the end of (40) days because the minimum of postpartum bleeding is a moment, and the maximum is (60) days. However, the postpartum bleeding for the majority of women is (40) days, but this does not apply to rest of them.

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.

If the menses lasted for over than 9 to 10 days, considered menstruation?

If the duration of the bleeding does not exceed fifteen days, it is all considered menstruation, even if the usual pattern changes.

What is the ruling on forgetting an integral of the prayer?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
Whoever forgets an integral (Rukn) of the prayer and remembers it before reaching the equivalent point in the subsequent unit (Rak'ah), must return to it (i.e., perform it) and complete his prayer, then perform the prostration of forgetfulness (Sujud al-Sahw) at the end of his prayer. However, if he remembers it after reaching the equivalent point in the subsequent unit, the Rak'ah in which the integral was forgotten is invalidated, and the current unit takes its place; he then completes a full Rak'ah to compensate and performs the prostration of forgetfulness.
 
It is stated in Nihayat al-Muhtaj ila Sharh al-Minhaj (Vol.1/P.543): 'If he becomes certain at the end of his prayer, or after the Salam—provided the interval is not long according to custom and he has not stepped on an impurity—that he omitted a prostration from the final Rak'ah, he must perform it and repeat the Tashahhud, as his previous Tashahhud occurred before its proper place. If the omission was from a Rak'ah other than the final one, he must perform a full Rak'ah, because the deficient unit was completed by a prostration from the subsequent one, rendering the rest of that subsequent unit void.' And Allah the Exalted knows best.

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