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A
man assisting a woman during the birth process
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this fatwa to: www.fatwa-online.com, thankyou!*
Question: What is the ruling regarding a man assisting
a woman whilst she is giving birth?
Response:
In principle, it is not permissible to say the admitting
of a woman to hospital to give birth is outright permissible,
rather it is imperative to define the constraints (within
which it is permissible).
So if the female doctor is of the opinion, based upon her
knowledge, that this pregnant woman will not be having a
natural birth, and she could quite possibly require a caesarean,
then in this case she is to be transferred to the hospital.
As for a natural birth, then it is not permissible for her
to leave her home and be admitted to the hospital simply
to have a natural birth.
If
the woman is in (genuine) need of being admitted to the
hospital, then it is obligatory
that a male doctor is not
appointed to assist her in the birth process. However, if
one (female doctor) is not present, then there is no harm,
or rather, if she is in a dangerous state and a female doctor
is not present, then it is obligatory that a male doctor
assist her (during the birth process).
And this response is derived from two principles from the
principles of usool
al-fiqh,
and they are:
1) Necessities permit the forbidden.
2) A necessity is assessed in accordance to its extent.
So if
the woman is able to give birth in her home, then it is
not permissible
for her to go to the hospital; (and)
if she is in need – such as there being no-one to assist
her in the birth process – then a female doctor can
be appointed, and if there is none present, then a male doctor
can be appointed (in her place).
So in principle, it is not permissible for a woman to leave
her home except where necessary, as is mentioned in Saheeh
al-Bukhaaree, when the (following) statement of Allaah was
revealed:
{And
stay in your houses, and do not display yourselves like
that of the times of ignorance}, [Soorah al-Ahzaab,
Aayah 33]
And he
(sal-Allaahu
`alayhe wa sallam) said:
((And
Allaah has permitted you to go out for your needs/necessities)),
[Saheeh
al-Bukhaaree - Volume 1, Hadeeth Reference
40; Saheeh
Muslim – Volume 4, Hadeeth Reference
1709]
Shaykh
al-Albaanee
Fataawa Muhimmah li-Nisaa. al-Ummah – Page 240
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