Answer
(Fatwa: 63/D=18/File-D=1433)
In the question mentioned above, if the doctor who refers and to whom he refers both maintain the following conditions then it is lawful as per Shariah;
(1) That the doctor deems it helpful as per his knowledge and experience to refer the patient to those (pathologist, microbiologist etc).
(2) That he does not force the patient to go under the treatment or test of some particular doctor.
(3) That he does not ask the patient for unnecessary tests.
(4) That the people of laboratory or hospital do not deceive the patient due to the commission.
(5) That the burden of this commission is not put on the patient, rather the referred one pays the commission from his profit money.
Note: An excerpt from “Jadid Masail Ka Hal” a fatwa of Darul Uloom Karachi, Pakistan, p. 493.
Allah (Subhana Wa Ta’ala) knows Best
Darul Ifta,
Darul Uloom Deoband