When we are sick, of course we need someone to take care us. So our disease can heal quickly. Islam is very appreciative the task of health, because this task is a very noble humanity task and it is helping humans who are suffering.
According to Islam, the relationship of health care workers and patients is a relationship between service providers and service users.
The patient can benefit the knowledge, skills of health workers, while the health worker gets rewards for their profession in the for of honorarium or salary. So that, there is an ijarah between the two parties (a contract), in which one party benefits the goods, energy, mind, skill, and other party is giving rewards.
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But, how is Law of Women Take Care of Non Mahram Who is sick, here is the full explanation.
From some research of syar’ibiila, in emergency and there is no one who can treat that man, then it is allowed for women to treat or take care that man.
This statement is took from dalil in the Hadith of ar-Rubayyu’ bint Mu’awwidz who said,
“We (women) have followed a war with the Prophet. Our duty was giving a drink to mujahideen, treating wound people and taking people who died to Medina.” (Saheeh, Narrated by Al-Bukhari number 2882, 2883)
That hadith shows if Ajnabiyyah women were allowed to treat Ajnabi men or not mahram because it was in emergency and it was according to sharia.
Ummu ‘Athiyyah al-Anshariyyah has told, I have followed to attack with the Prophet Muhammad shallallahu ‘alaihi wa sallam in seven wars. I changed them to keep vehicles or their ride (mujahideen) , I made foods for them, cured wound people, and took care sick people.” (Saheeh, Narrated by Muslim number 1812)
The thing that must be noticed, there is no side that can invite a slander and damage, so a woman should avoid khalwat or tandem between a sick man and a woman who take care him. So when a woman was taking care or treating, then she must be accompanied by her mahram.
But if there was still a man who can treat the sufferer, then it is not allowed for women to take care that man.
If there is also a man who can treat a sick man, than it is not allowed that he is treated by that woman. (Jami’ Ahkamin Nisa’, 5/542)
Law of Men Take Care of Non Mahram
Then, how if a man take care a woman who is not his muhrim where the problem is similar to the first problem?
When he was asked about this problem, Asy Syaikh Muhammad bin Shalih al Utsaimin answered, “The treatment of women to a male doctor because there is no a female doctor, it is no problem. So that is mentioned by Ulama.
She may open her sick body part that is needed to be seen by that doctor, but the woman must be accompanied by her mahram and do not khalwat with the doctor, because khalwat is a haram matter.” (Fattawa al-Mar’ah al-Muslimah, 2/979)
While Asy Shaykh Muqbil bin Hadi al Wadi’i said,
“Touching ajnabiyah (not mahram) women without any need or requirement, is not allowed. As if it is necessary, like a doctor or that woman is a doctor and no other doctors who can treat sick people beside him or her, then at that time, the doctor is allowed to touch prople who are not his mahram. But remain, alert to a slander that will rise.” (Ijabatus Sa’il, page 32)
Adab Taking Care for the Non-Muhrim
Although in an emergency, taking care the non-Muhrim is permissible, but it still must obey the rules that must be obeyed and not negotiable, so the function of religion can still be run well.
- Reduce the vision from the opposite sex
Allah said :
“Tell the believing to reduce [some] of their vision and guard their private parts. And tell the believing women to reduce [some] of their vision and guard their private parts.” (Q.S An-Nur : 30 – 31)
- Not Tandem
The Messenger of Allah shallallahu ‘alaihi wasallam said :
“Do not a man tandem (khalwat) with a woman except with his mahram.” (Narrated by Bukhari and Muslim).
Although silaturahmi in Islam must be kept well, but tandem in a room with the opposite sex (not mahram) is still prohibited. [AdSense-B]
- Not in touch with the opposite sex
In a hadith, Aisyah ra said,
“By Allah, the hand of the Prophet Muhammad saw never touched the hand of a woman at all even when he appointed (the pledge of allegiance to the leader).” (Narrated by Bukhari)
Because of touching the opposite sex that is not mahram is one of prohibited things in Islam. The Messenger of Allah Shalallahu “alaihi wasallam said,
“If a man’s head was stabbed with an iron needle, (that) is still better than touching a woman who is not halal for him.” (Narrated by Thabrani with sanad hasan)
In general, Ulama impose some treatment terms by the opposite sex. The first requirement is no doctor from the same class, male or female, or indeed there is a doctor who do not have competence to handle the disease.
The second requirement is feared that the disease will be worse or it can happen things that are not desirable if it is not handled immediately by the opposite sex, as the terms that apply in the madhhab Hanafi.
The third requirement, the doctor should be a Muslim as long as there are still qualified Muslim doctors. According to madhhab Syafi’i, if the skils and abilities of a non-Muslim doctor are better than Muslim doctors, it is allowed to seek medical attention from that doctor. [AdSense-C]
The Messenger of Allah shallallahu ‘Alaihi wa sallam does not forbid someone to take care or treated by a person who is not mahram, but she must be still accompanied by her mahram. So there is no slander that will arise or other unpleasant things. However, if there is a doctor or someone who can take care and fellow mahram, then it is much better done.
Thus a short review from us about the law of women take care of non mahram who is sick in Islam. Hopefully it will be useful and increase our knowledge about Islamic law.
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