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Question:work in the fight against cancer and one of the most difficult things for us is smoking in all its forms. There are hundreds of studies linking the harms of smoking to cancer and death around the world and the Middle East region are among the most countries with smokers. I have found that in questions for most the religious authorities (Marjai') refer the matter to the person in charge of diagnosing the damage which is something never prevented, despite the presence of this harm according to the wise, which makes the person religiously (Sharia) excused. This scourge kills thousands around the world, and we urge you to help us to reduce it through your directives and your speech to prevent it as you see fit. I am ready to provide all the documents necessary to support the mentioned harm caused by smoking?
Answer:In the name of Allah, we have made it clear in our fatwas not so long ago that if the clever physician ruled that smoking is harmful to the environment you mentioned, the person should refrain from smoking completely. Furthermore, we said that someone who is not accustomed to smoking is not allowed to get used to himself. If habituation occurs and the doctor forbids him, he must abstain, and if the doctors state that it is not harmful - for example - it is permissible for the person to continue, and as for making habituation, it is not permissible. Allah knows best.
Question:What is the legal ruling for criminal autopsy, that is, the anatomy ordered by the judicial authorities responsible for an investigation and is accomplished by the judicial medical departments or what is known as the autopsy of the human body to know the true cause of death?
Answer:In the name of Allah, the wounding of the dead body of a Muslim or the cutting of something from his body or the incision of the body is forbidden. It is not permissible to commit it unless the right of the dead or the living Muslim depends on it, and if the right holder wants that and asks for autopsy, he must bear the blood money (Diya) for the wounding of the Muslim’s corpse. The Diya differs depending on the type of wound or cut that are needed to prove the right judgement and that this Diya I have for the imam (may Allah Almighty hasten his reappearance) and the heir of the deceased is not included with this Diya.
Question:What does your eminence think about those in pharmacies who are not specializing pharmacists and who dispense medicines to people like teachers, engineers, nurses and many others. On the pretext that they have knowledge or worked for a period in this field, knowing that the Pharmacists Association and the Health Departments do not accept this and do not allow it, and what is the ruling of the money they charge? What is the ruling of pharmacists who allow them to be in their pharmacies on their own?
Answer:In the name of Allah, my son, know that those whom you mentioned work in the pharmacy their usual work is limited to dispensing and selling the prescription medication of the doctor and do not diagnose the disease for the patient and do not assign the medicine to him. The best and the necessary is that he/she does not take over the mentioned work except those who knew and mastered that profession so that they do not make a mistake in dispensing medicine. Allah knows best.
Question:Sometimes there is extra in laboratory materials that the manager does not accept to take these items from us. Can we do tests for some of the poor who do not have the money of doing the tests with these materials because the amount set by the Ministry of Health is large, knowing that this work does not affect the laws of the ministry from a legal point of view because these materials are originally extra?
Answer:In the name of Allah, what you mentioned is permissible in case there is a permission from the authorities only. Allah knows best.
Question:In health centers, the working hours end at (3:00 pm), but some employees leave way before the time ends, by order of the manager, and this situation is repeated almost daily due to the employee's relationship with the department manager, what is our ruling, do we go out or not? What is their ruling regarding salary?
Answer:In the name of Allah, it is not permissible to leave even if the manager has authorized them to do so as long as the leaving permission is illegal and the manager has no right to allow any employee to betray in his/her work and if the employee does not compensate for the time consumed by adding work, the latter is a betrayer and takes the salary with no right. Allah is the Guide.
Question:Some employees leave their work during the official working hours to places close to their place of work, but not for the sake of work, but for their personal interests, and it does not affect the work, what is the ruling for the salary in this case in which the employees leaves?
Answer:In the name of Allah, as for going out, it is forbidden, and he must compensate for the time spent by adding work on the same day or other days, and if he does not, then he is a betrayer. Allah is the guide.
Question:There are employees who leave their rooms to other rooms, for example, from laboratories to others during the official working hours, and not with official work, but for the purpose of conducting personal talk, and this sometimes affect the course of work and at other times it does not affect.
Answer:In the name of Allah, the employee is not allowed leave his workplace without legal justification, and he may not do so for a personal purpose. Allah knows best.
Question:Health department working hours start from (8:30 am) to (3:00 pm). In the meantime, some employees perform their make-up prayer ( Qadha'a), eat and make some phone calls. What is the ruling in this case?
Answer:In the name of Allah, if the employee does what you mentioned in his spare time of the work that he is assigned to accomplish and he does not leave the department, there is nothing wrong with that. Allah knows best
Question:There are test materials whose results are acceptable but they have become outdated in use (the period of validity has expired). We cannot return it to the laboratory section for fear of punishment and when we informed the manager about (expiration), the latter forced us to work with it. Can we destroy those materials without telling of management?
Answer:In the name of Allah, if the parts are damaged for being expired and it is not valid to work with them, it is permissible to destroy them for fear that one of the patients would be the victim to use such damaged and expired materials. Allah knows best.
Question:In many health centers, there are laboratory devices that are received from the manager as devices that are supposed to test a certain test, but they are used to test another test that has no connection with the type of the first test for which it was received. Sometimes the employee reports these devices, and in other times we are forced to work with it, because of the imposition of a penalty on us by the director. Are we entitled to disable these devices? Knowing that it does not give the correct result to the patient and has a risk to his health.
Answer:In the name of Allah, it is not permissible to violate the law, just as it is not permissible to use devices in a wrong way that is meant for them to be used, and if there is any harm on the patient, then the one responsible for that would a deficiency. Allah knows best.
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