I am a male dentist. Is it permissible for me to treat non-mahram female patients in private practice if a female assistant is present, I wear gloves, and adhere to modesty guidelines, given that the patient has the option to go to another clinic and get treatment from a female dentist?I receive patients with tooth pain and those who come for dental cleaning.
All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad, sallallaahu 'alayhi wa sallam, is His slave and Messenger.
The general rule is that male doctors should treat men, and female doctors should treat women. Furthermore, as long as there is a female doctor specialized in treating women, a male doctor is not permitted to take on this role, even if women request him. Al-Bujayrimi stated in Tuhfat al-Habib: “It is a condition that there is no man available to treat the male patient, meaning if the patient is a man and the doctor is a woman, it is conditioned upon the absence of a man who can provide treatment.” [End quote]
However, if he (the questioner) has no choice in treating women due to the clinic or hospital assigning him a batch of patients that he cannot change it, there is no harm in him treating women, provided that their Mahrams (non-marriageable male relatives) or husbands are present. If that is not possible, having another trustworthy woman present is sufficient, as her presence ensures modesty and avoiding what is prohibited, given that the possibility of seclusion does not exist here according to the preponderant opinion of the scholars.
The Islamic Fiqh Academy Council discussed the issue of male doctors treating women, and after listening to the discussions on the subject, it resolved the following: “As a principle, if a female specialist doctor is available, then she should be the one to examine the female patient. In the absence of such a specialist, the female patient may be examined by a trustworthy non-Muslim woman doctor, if not, then by a Muslim male doctor, and if not, then by a non-Muslim male doctor, provided that in diagnosing and treating the ailment, the male doctor should see only the minimum necessary of the patient’s body and lower his gaze to the extent possible. The male doctor’s treatment of a female patient should be in the presence of a Maḥram (non-marriageable man) or a husband or a trustworthy woman, to avoid Khalwah (unlawful seclusion of persons of opposite sex).”
We also point out that if this clinic is yours, it is permissible for you to allow male doctors to treat women when there are female doctors available to do so.
Allah knows best.
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