The company representative who gives gifts to doctors in order to promote that company’s medicines to the exclusion of others
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The first and third questions of Fatwa No. ( 21772 )
Q1: Due to the intense competition between different pharmaceutical companies, their representatives come and distribute some gifts to doctors, such as a pen with the product name written on it, or a watch or a recorder, etc., in exchange for the doctor prescribing this medicine for the patient. What is the ruling on this gift for the doctor? Is it a gift or a bribe, especially if the company has a budget allocated for advertising? And if the doctor prescribes the medicine in its proper place and only when it is needed, in exchange for this gift, does he commit a sin or not? What is the evidence for that? And sometimes the company promises the doctor a specific gift in exchange for prescribing
a specific quantity. Is this a bribe or not? We mean specifying the quantity and the compensation? What is the evidence? And on other occasions, the company promises the doctor a gift in exchange for prescribing a specific medicine without specifying a quantity. If the doctor prescribes the medicine in its proper place, does he commit a sin for that or not, and what is the evidence? And sometimes the active ingredient is the same, but several companies produce the medicine under different trade names—meaning they all have the same effect. A representative from one of these companies visits the doctor in his clinic periodically and gives him a gift from the company. Consequently, the doctor prescribes the medicine of the representative who visits him periodically and brings him the gifts, saying: “Is the one who works equal to the one who does not work?” What is the ruling? Is advertising in this form lawful or forbidden, and what is the evidence?
A1: It is not permissible for the doctor to accept gifts from pharmaceutical companies; because that is a forbidden bribe, even if it is called a gift or by any other name; because names do not change realities; and because these gifts lead him to be unjust to the company that gives him gifts to the exclusion of others, and that harms the other companies.
Q3: Regarding working in advertising companies, as for company representatives, some companies—or most of them—now operate by the method of gifts or bribes—as mentioned before—and the representative now fears for his position in the company if he does not do so. Also, the majority of doctors will not prescribe
his medicine for the patient because of not bringing a gift, and they prescribe the medicine of the one who brings the gift. Consequently, he is forced to follow the other companies in this matter of gifts. What is the ruling? Is he compelled due to his fear for his job or not? Especially since he may have financial obligations that must be fulfilled.
A3: The company representative who gives gifts to doctors in order to promote that company’s medicines to the exclusion of others is considered a briber (rāsh), and this is the intermediary between the briber and the one who accepts the bribe. The Prophet (peace and blessings be upon him) cursed these three, and he (peace and blessings be upon him) said:Al-Mustadrak lil-Hakim 30:66 . And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q1: Due to the intense competition between different pharmaceutical companies, their representatives come and distribute some gifts to doctors, such as a pen with the product name written on it, or a watch or a recorder, etc., in exchange for the doctor prescribing this medicine for the patient. What is the ruling on this gift for the doctor? Is it a gift or a bribe, especially if the company has a budget allocated for advertising? And if the doctor prescribes the medicine in its proper place and only when it is needed, in exchange for this gift, does he commit a sin or not? What is the evidence for that? And sometimes the company promises the doctor a specific gift in exchange for prescribing
a specific quantity. Is this a bribe or not? We mean specifying the quantity and the compensation? What is the evidence? And on other occasions, the company promises the doctor a gift in exchange for prescribing a specific medicine without specifying a quantity. If the doctor prescribes the medicine in its proper place, does he commit a sin for that or not, and what is the evidence? And sometimes the active ingredient is the same, but several companies produce the medicine under different trade names—meaning they all have the same effect. A representative from one of these companies visits the doctor in his clinic periodically and gives him a gift from the company. Consequently, the doctor prescribes the medicine of the representative who visits him periodically and brings him the gifts, saying: “Is the one who works equal to the one who does not work?” What is the ruling? Is advertising in this form lawful or forbidden, and what is the evidence?
A1: It is not permissible for the doctor to accept gifts from pharmaceutical companies; because that is a forbidden bribe, even if it is called a gift or by any other name; because names do not change realities; and because these gifts lead him to be unjust to the company that gives him gifts to the exclusion of others, and that harms the other companies.
Q3: Regarding working in advertising companies, as for company representatives, some companies—or most of them—now operate by the method of gifts or bribes—as mentioned before—and the representative now fears for his position in the company if he does not do so. Also, the majority of doctors will not prescribe
his medicine for the patient because of not bringing a gift, and they prescribe the medicine of the one who brings the gift. Consequently, he is forced to follow the other companies in this matter of gifts. What is the ruling? Is he compelled due to his fear for his job or not? Especially since he may have financial obligations that must be fulfilled.
A3: The company representative who gives gifts to doctors in order to promote that company’s medicines to the exclusion of others is considered a briber (rāsh), and this is the intermediary between the briber and the one who accepts the bribe. The Prophet (peace and blessings be upon him) cursed these three, and he (peace and blessings be upon him) said:
May Allah curse the one who gives the bribe, the one who takes the bribe, and the one who goes between them.
لعن الله الراشي والمرتشي والرائش
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.