The doctor’s liability if he disfigures a young girl’s nose with acid
Machine translationRead the Arabic original
Question:
He says: Honorable Shaykh, may Allah grant you success. A doctor wanted to treat the nose of a small girl who was four years old. He used a strong acid in the treatment, which caused her disfigurement as a result of this acid. He says: Is there a blood money (diyah) in this case? And is it possible to pursue him and demand that he pay the costs of treating these disfigurements according to the Shari'ah?
Answer:
This is within the jurisdiction of the judge. They go to the judge, he sees the reality, and he rules according to what appears to him. This is not a place for a fatwa; this is a place for judicial ruling, because there is a dispute between two parties. However, the rule is that if the doctor was skilled and did not act negligently, he owes nothing. If he was skilled in his treatment and did not act negligently, he owes nothing. But if he was not skilled, or if he acted negligently, he is liable for compensation. However, it is the judge who decides on the liability or its absence. Yes.
He says: Honorable Shaykh, may Allah grant you success. A doctor wanted to treat the nose of a small girl who was four years old. He used a strong acid in the treatment, which caused her disfigurement as a result of this acid. He says: Is there a blood money (diyah) in this case? And is it possible to pursue him and demand that he pay the costs of treating these disfigurements according to the Shari'ah?
Answer:
This is within the jurisdiction of the judge. They go to the judge, he sees the reality, and he rules according to what appears to him. This is not a place for a fatwa; this is a place for judicial ruling, because there is a dispute between two parties. However, the rule is that if the doctor was skilled and did not act negligently, he owes nothing. If he was skilled in his treatment and did not act negligently, he owes nothing. But if he was not skilled, or if he acted negligently, he is liable for compensation. However, it is the judge who decides on the liability or its absence. Yes.
Source
شرح أخصر المختصرات في الفقه، فصل: في الدية — islamhouse.com (54:06)
The Arabic text is a machine transcription of the audio recording.
