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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 to eat from an Udhiyah slaughtered on behalf of a deceased person?

Praise be to Allah, and prayers and peace be upon our Master the Messenger of Allah.
 
It is permissible to eat from the sacrifice (uḍḥiyyah) that is offered on behalf of a deceased person. This is the madhhab (school of thought) of the Hanbalis. In this case, the heirs take the place of the deceased as if he were alive, with the same rights to eat from it, give it in charity, and offer it as a gift.
 
It is stated in Maṭālib Uli al-Nuhā (Vol.2/P.472): "Offering a sacrifice on behalf of a deceased person is better than offering one on behalf of a living person, because the deceased is unable (to perform deeds) and is in need of reward. It is to be treated like a sacrifice on behalf of a living person in terms of eating, giving charity, and giving gifts." And Allah Almighty knows best.

What is the ruling on combining (jam‘) and shortening (qaṣr) prayers when travel is repeated on a daily basis?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
A traveler is permitted to avail himself of the concessions of shortening and combining prayers once the distance of his journey reaches (81 km) or more. This is on condition that his journey is a permissible one, and that he begins shortening and combining only after setting out and passing beyond the built-up limits of the city in which he resides, or beyond the administrative boundaries of the area where he lives.
Accordingly, if the distance between one's workplace and one's place of residence reaches the distance upon which the concession of combining and shortening depends, then combining and shortening are permissible once he leaves the built-up area, even if this travel is repeated on a daily basis.
Ash-Shirbīnī (raḥimahullāh) said: "It is permissible to combine Ẓuhr and ‘Aṣr, either as an early combination (taqdīm) in the time of the first, or as a delayed combination (ta'khīr) in the time of the second; and likewise Maghrib and ‘Ishā' — either early, in the time of the first, or delayed, in the time of the second — during a long, permissible journey, in following [the Prophet's practice]. As for the delayed combination, it is established in the two Ṣaḥīḥs from the ḥadīth of Anas and Ibn ‘Umar (raḍiyallāhu ‘anhum). As for the early combination, Ibn Ḥibbān and al-Bayhaqī graded it ṣaḥīḥ from the ḥadīth of Mu‘ādh, and at-Tirmidhī graded it ḥasan." [Quoted with slight abridgment from Mughnī al-Muḥtāj, Vol.1/p.529]
The conditions for combining and shortening have already been explained in Fatwa No. 14 and Fatwa No. 842. And Allah, the Exalted, knows best.

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.

Is it permissible for a woman to shake hands with her brother-in-law?

It is forbidden for the woman to shake hands with her brother-in-law because he isn`t a Mahram (unmarriageable) of hers.

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