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Dispensing Drugs without an Actual Prescription is Unlawful

Answered as per Shafi'i Fiqh by Darul Iftaa Jordan
What is the ruling when a staff member of a primary health care government centre or hospital takes medical supplies without having an actual prescription or a permission?

All perfect praise be to Allah, The Lord of The Worlds; and may His blessings and peace be upon our Prophet Mohammad and upon all his family and companions. It is unlawful for a health centre`s or a hospital`s staff member to take medical supplies without having an actual prescription because it is considered theft and eating up people`s property unjustly, as indicated by the following verse: " And do not eat up your property among yourselves for vanities, nor use it as bait for the judges, with intent that ye may eat up wrongfully and knowingly a little of (other) people’s property."{Al-Baqarah/188}. Moreover, the degree of prohibition multiplies if such an act takes place in public hospitals for misappropriation was clearly prohibited in the Quran: " No prophet could (ever) be false to his trust. If any person is so false, He shall, on the Day of Judgment, restore what he misappropriated; then shall every soul receive its due,- whatever it earned,- and none shall be dealt with unjustly."{Al-Imraan/161}. The Messenger of Allah (PBUH) said, "Whosoever among you is appointed by us to a position and he conceals from us even a needle or less, it will amount to misappropriation and he will be called upon to restore it on the Day of Resurrection"{Muslim}. He added, "Some men acquire Allah’s Property (such as the funds of the Muslim state treasury, Zakah etc.) and they will go to Hell on the Day of Resurrection.” Related Al-Bukhari. The regulations of the Jordanian Ministry of Health have determined a certain system for seeking therapy and legislated laws for it. These show how citizens can benefit from therapy, and that resorting to any illegal method is considered an act of misappropriation. This is because public property belongs to all citizens and is spent equally to the best of their interests. In principle, each staff member should be keen on preserving the properties of Muslims and protect them against transgression and misappropriation. Also, he should be trustworthy in order to be absolved from the liability before Allah, earn lawful money and please Allah with it. In conclusion, any kind of misappropriation of Muslims` property is forbidden; therefore, the staff member who committed this sin is obliged to give the same item back or to pay for it in cash, even if he did it long time ago. And Allah knows best.

This answer was collected from the official government Iftaa Department of Jordan.

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