Question
What is the ruling on what has become common among women regarding seeking treatment from doctors without any restrictions or conditions?
Answer
I say, and with God's success: I say, and with God's success: We have previously clarified in the ruling on uncovering the face and hands: that the entire body of a woman is considered 'awrah (private) except for the face and hands, but they must be covered to avoid temptation according to the scholars of our four schools of thought, to the extent that Imam al-Haramayn reported consensus on this. It is not permissible to uncover them except in cases of necessity such as for legal testimony, marriage proposals, and medical treatment.
It is permissible to uncover the area of illness for treatment to uphold the rights of people and to meet their needs, with the following considerations:
1. The treatment should be conducted by a female doctor, not a male doctor; because it is not permissible for a man to look at the area of illness unless he is allowed to see it, such as being a husband or a mahram (close relative). If there is no female doctor available to treat her, and the male doctor can teach a nurse or a woman how to examine and treat her without looking at her, he must, by religious obligation, teach her as stated by the concluding scholar Ibn Abidin in his work "Rad al-Muhtar" 6: 371, and others; because the gaze of one gender at the same gender is less severe. Do you not see that a woman washes another woman after her death without a man? As mentioned in "Al-Mabsut" 10: 156. 2. The doctor should limit his gaze to the area of illness while lowering his gaze as much as possible and covering other parts of the woman's body. This is conditional upon the absence of a woman to treat her. Al-Zaylai stated in "Taj al-Haqaiq" 6: 17: "The doctor should teach a woman if possible; because the gaze of one gender at the same gender is less severe, and if it is not possible, he should cover all parts of her except for the area of illness and then look, lowering his gaze from other areas as much as possible; because what is established for necessity is limited to its extent," and similar statements can be found in "Al-Hidaya" 6: 129, "Durar al-Hukam" 1: 315, and others.
In "Al-Jawhara al-Nayyira" 2: 284: "If the illness is in any part of her body other than the private parts, it is permissible for him to look at it during treatment; because it is a matter of necessity. If it is in the area of the private parts, it is preferable for a woman to treat her. If no woman is available to treat her and they fear for her life or that she may suffer from a calamity or unbearable pain, they should cover everything from her except for the area where the ailment is, and then the man treats her while lowering his gaze as much as possible except for the area of the wound."
In addition to what has been detailed by our Hanafi scholars, the Shafi'i and Hanbali scholars stated that if the doctor is a stranger to the patient, there must be a presence that ensures the avoidance of prohibited actions. In "Sharh al-Khatib" 3: 379: "This should be in the presence of a mahram, husband, or trustworthy woman." Similar statements can be found in "Mughni al-Muhtaj" 4: 215, "Al-Ghurar al-Bahiyya" 4: 365, "The Kuwaiti Jurisprudential Encyclopedia" 28: 201, 12: 136-137, and others.
From this, it becomes clear to us that it is not permissible for women to consult male doctors when female doctors are available, especially for medical examinations for childbirth or delivery, under the pretext that male doctors are more skilled than female doctors; because it is permissible for a woman to be treated by a male doctor in cases of necessity, and this is not one of those necessities. Scholar Ibn Najim stated in "Al-Bahr al-Raiq" 8: 218: "A doctor is only permitted to do so if no female doctor is available; if one is found, it is not permissible for him to look."
Necessities such as life-threatening situations, calamities, and unbearable pain permit treatment by a male doctor if no female doctor is available; because necessity is limited to its extent, and with the presence of a female doctor, the need is alleviated. Scholar al-Kasani, the king of scholars, stated in "Badai al-Sanai" 5: 124: "If no woman is available to learn treatment or no woman is available to treat her, and there is a fear for her life or a calamity or unbearable pain, a man may treat her but should only uncover the area of the wound and lower his gaze as much as possible; because the legal prohibitions may be disregarded due to necessity, such as the prohibition of consuming carrion or drinking alcohol in cases of extreme hunger or coercion. However, what is established by necessity does not extend beyond the area of necessity; because the reason for its establishment is necessity, and the ruling does not exceed the extent of the reason. And God knows best.