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Suing a Doctor for Negligence

Answered according to Hanafi Fiqh by DarulIftaBirmingham

Answered by: Imam Abul-Malik Sheikh

Question

Assalaamu alaykum,

A man had a heart operation and due to the machine being put down his throat and into the heart, it has damaged his voice box. Now he cannot speak, or well, he can but the sound is like a whisper (he has lost his voice).

According to shariah, can he sue the doctors?

بِسْمِ اللهِ الرَّحْمنِ الرَّحِيْم

In the name of Allah, the Most Gracious, the Most Merciful

Answer:

The Sharia recognises all types of rights and also guarantees people their rights. The Shari’ah, consequently, recognises people’s right to monetary compensation for physical harm.

Therefore, in answer to your question, I will say that it is Islamically permissible for the person to take legal action against the doctor if it was due to negligence, and seek monetary compensation for the life-changing harm he has caused him.

Only Allah knows best

Written by Imam Abdul-Malik Sheikh

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

This answer was collected from DarulIftaBirmingham.co.uk, which is run under the supervision of Mufti Mohammed Tosir Miah from the United Kingdom.

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