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I want to know a very serious problem regarding my profession nowadays in India there is tendency of almost every non-Muslim and even Muslim doctor to take money from pharmacists, pathologists, microbiologists or whenever he is referring his patients for specialty opinion or super specialty opinion. They refer it , cut practice, for example if a patient of malaria comes to doctor X and if that doctor prescribes him tablets for treatment of malaria then doc X receives certain percentage of money from medical store ( doc X has not invested his money in that medical store) and if doc X is investigating that patient he receives certain amount of rupee from pathologists also if pathologists refuses it they refer patient to another pathologist who is ready to give money i.e. cut, and if doc x is referring such patient to specialist he asks for percentage of money from fee of special.

Answered according to Hanafi Fiqh by Darulifta-Deoband.com
I want to know a very serious problem regarding my profession nowadays in India there is tendency of almost every non-Muslim and even Muslim doctor to take money from pharmacists, pathologists, microbiologists or whenever he is referring his patients for specialty opinion or super specialty opinion. They refer it , cut practice, for example if a patient of malaria comes to doctor X and if that doctor prescribes him tablets for treatment of malaria then doc X receives certain percentage of money from medical store ( doc X has not invested his money in that medical store) and if doc X is investigating that patient he receives certain amount of rupee from pathologists also if pathologists refuses it they refer patient to another pathologist who is ready to give money i.e. cut, and if doc x is referring such patient to specialist he asks for percentage of money from fee of special.

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

This answer was collected from the official ifta website of Darul Uloom Deoband in India.

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