Am I Liable if a Patient Dies Due to Withholding Basic Medical Care?

Answered by Shaykh Irshaad Sedick

Question

Am I religiously liable for a patient’s death if I did not stop their infusion, provide food or drink, or convince the family to continue care?

If the patient could have died from their illness, dehydration, lack of medication, or hospice intervention, what are the Islamic consequences? Would expiation through payment to the family be required if this is considered some form of wrongful death?

Answer

In the Name of Allah, the Most Merciful and Compassionate.

In addressing the question of liability for a patient’s death under these circumstances, it is essential to consider the principles of Islamic law regarding medical negligence and the responsibility of physicians.

Physician’s Liability in Islamic Law

Islamic law provides clear guidance on a physician’s liability in cases of harm caused during medical treatment. As long as a physician exercises due care and competence, a physician is generally not held liable for outcomes that result from inherent risks associated with the illness or procedure.

Competence and Responsibility

Imam Haytami (Allah be pleased with him) said,

“Ibn Surayj mentioned that if treating the patient led to the latter’s death, while the physician masters his trade, then he isn’t held liable, but if he doesn’t master his trade, then he is liable.” [Haytami, Tuhfat al-Muhtaj]

Shirbini reported that Ibn Mundhir said,

“Scholars agree that if the physician doesn’t transgress, then he isn’t held liable.” [Shirbini, Mughni al-Muhtaj]

Negligence or Ignorance

The eminent scholar Ibn Farhun, a Maliki scholar, said,

“But if the physician was ignorant, took the liberty of doing what he wasn’t permitted to do, exceeded the allowed limits, or was negligent, then he is held liable for the consequences.” [Ibn Farhun, Tabsirat al-Hukkam]

Transgression and Harm

Khattabi (Allah be pleased with him) said,

“There is no disagreement that if the physician transgresses and harms the patient, he is liable…. If his actions led to harm, he is obliged to pay the Diya, and Qisas is waived because he carried out the treatment with the patient’s permission.” [Khattabi, Ma‘alim al-Sunnan]

Application to the Scenario

In the situation described, the physician’s actions must be carefully assessed to determine whether negligence or a failure to meet medical standards occurred. If the physician was competent, followed proper medical protocols, and the death was an unfortunate consequence of the patient’s condition, they would generally not be held liable. However, if the physician deviates from accepted standards or acts negligently, liability may arise.

Consequences of Negligence

If negligence is determined, the Diya (Blood Money) may apply.

Diya (Blood Money): If the physician’s actions lead to harm or death, they may be required to pay diya to the deceased patient’s family. This is an obligation when harm results from negligence or mismanagement.

Conclusion

In summary, whether or not a physician is religiously liable depends on their competence and whether their actions are in line with standard medical practice. If negligence is found, the correlating consequences would apply. It is advisable to consult with knowledgeable local Islamic scholars for further clarification based on the specifics of the case.

Please refer to the original fatwa by Dar al-Ifta Jordan.

And Allah knows best.

And Allah knows best.
[Shaykh] Irshaad Sedick
Checked and Approved by Shaykh Faraz Rabbani

Shaykh Irshaad Sedick was raised in South Africa in a traditional Muslim family. He graduated from Dar al-Ulum al-Arabiyyah al-Islamiyyah in Strand, Western Cape, under the guidance of the late world-renowned scholar Shaykh Taha Karaan (Allah have mercy on him), where he taught.

Shaykh Irshaad received Ijaza from many luminaries of the Islamic world, including Shaykh Taha Karaan, Shaykh Muhammad Awama, Shaykh Muhammad Hasan Hitu, and Mawlana Abdul Hafeez Makki, among others.

He is the author of the text “The Musnad of Ahmad ibn Hanbal: A Hujjah or not?” He has been the Director of the Discover Islam Centre, and for six years, he has been the Khatib of Masjid Ar-Rashideen, Mowbray, Cape Town.

Shaykh Irshaad has fifteen years of teaching experience at some of the leading Islamic institutes in Cape Town). He is currently building an Islamic podcast, education, and media platform called ‘Isnad Academy’ and has completed his Master’s degree in the study of Islam at the University of Johannesburg. He has a keen interest in healthy Prophetic living and fitness.