What is the ruling on a doctor who works in a government department and gives company medication to poor Muslims who cannot find treatment?

The questioner : There is a doctor who works in a government department, and he asks: Is it permissible for me to give some of the company’s medication to Muslim brothers who also cannot find treatment abroad, and the like? And is this considered a form of betrayal, on the basis that the company has its own medications and is a government company? He sees that much of this medication goes out to those who do not deserve it. So he takes from these medications and gives them to some poor Muslim brothers so that they can benefit from the treatment. Is this permissible?

The Shaykh : If it is his predominant belief that if the officials in charge of managing the company were to look into this action of his, they would not hold it against him... and the fact that there are people who handle these medications in an inappropriate manner does not justify him in acting appropriately... as long as, let us assume, he is not permitted to do so.

The questioner: Yes.

The Shaykh : This understanding and jurisprudence is indicated by the report narrated from Ibn Mas'ud, which al-Tirmidhi narrated as marfu' (traced to the Prophet), though it is not authentic. It is his saying: "Do not be followers who say, 'If the people do good, we do good, and if they do evil, we go astray.' Rather, resolve in your hearts: if they do good, you do good, and if they do evil, do not commit injustice." So, if we assume that there is no one in this company who handles it in that unpermissible manner, is it permissible for our man to act in this manner which he thinks is permissible? Of course, the answer is: No, for the reason mentioned earlier. Therefore, the fact that he found people in the company who act inappropriately does not justify that action of his.

The questioner : Even if, for example, this company is not established on justice or on the rulings of the Shari'ah or the like.

The Shaykh : The answer remains: "If they do evil, do not commit injustice." Because if this matter were discovered, what would be said about this Muslim and those like him, especially if our example is one of the bearded men?

The questioner: Yes.

The Shaykh : They would slander the beards and their owners.

The questioner : Well, what if it is not discovered?

The Shaykh : The reason is that we cannot assume this, especially in this era.

The questioner : He is a doctor, and it is the custom of the company not to ask about the medications and the like, such as who brings in a certain number of patients... so no one asks him at all. Sometimes, some poor Muslim brothers, who are also bearded, need medications that are expensive and are sometimes imported from abroad, not manufactured locally, and are only available in... So he takes them and gives them to them, knowing that no one asks him or... because he is considered the head of the doctors or the senior doctor.

The Shaykh : I mean, by the previous statement, is he permitted if they find out, or not?

The questioner: Of course.

The Shaykh : I do not think so.

The questioner : If they find out, no.

The Shaykh : It is possible to now place a condition on the previous answer, as is the case with many other issues.

The questioner : Yes, exactly.

The Shaykh : If this doctor believes that the medication he is giving to a certain man or a certain woman is a matter of necessity... necessities permit the prohibited. So if he did... continuously, the answer is what was mentioned before.