Islamic Center of Southern California

The Arguments of Islamic Law Rulings on Recent Medical Issues

Topic Nine

The Case of the Private Parts('Awra) of a Member of One Sex Being Viewed by a Member of the Other Sex for Purposes of Medical Diagnosis, Treatment, and Education

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Definition

Islam sets limits to body exposure before other people with the aim of keeping genitals covered and guarding against hateful seduction.

The viewpoint of the majority of scholars is that a man's 'awra (parts that should not be exposed) before a woman other than his wife is the part of his body between his navel and knees, a woman's 'awra before a man other than her husband and her unmarriageable relatives includes all her body except for her face and hands, her 'awra before her unmarriageable relatives is what she usually keeps covered while at home, the 'awra of a person before a member of the same sex is the sexual organ and the rectal area, and there is no 'awra between husband and wife.

Still, in their contact with each other, people may need to expose parts of their bodies for purposes of medical diagnosis, treatment, and education. What is then the ruling on such exposure?

The Legal Position Chosen by the IOMS and Its Argument

On the question of the exposure of 'awra between members of the two sexes for purposes of medical examination, treatment and education, the IOMS supported in its first seminar, the one on Reproduction, in 1983 the opinion that allowed such exposure when a need calls for it. The seminar's recommendations say:

8. It is lawful for a person to look at the 'awra of a member of the other sex for purposes of medical diagnosis, treatment, and education. The exposure, however, should be limited to what the need calls for.

9. Efforts should be made to include in the curricula of medical schools in the Islamic World a study of the subjects of Islamic Law related to health, disease, amd treatment, and to include medical subjects in the curricula of colleges of Islamic studies.

10. A permanent committee composed of jurisprudence (fiqh) scholars, physicians, and scientists should be established to look when necessary into cases that require technical knowledge and Islamic ruling.

Remarks on the recommendations of the Reproduction seminar of 1983 concerning exposure to the other sex:

1. The seminar recommended that the curricula of medical schools in the Islamic World should cover subjects of Islamic Law related to health, and that the curricula of colleges of Islamic studies should include medical subjects. To what extent has this recommendation been followed?

2. The seminar recommended that a permanent committee composed of jurisprudence (fiqh) scholars and physicians should be established to look when necessary into cases that require technical knowledge. How is this recommendation carried out?

The Position of the Islamic Jurisprudence (fiqh) Academy:

The Islamic Jurisprudence (fiqh) Academy ruled that it is lawful for a person to expose his/her 'awra to a member of the other sex for medical purposes when necessary. In the decisions of its seventh session, the Academy says:

It is unlawful for a Muslim woman, under any conditions other than those sanctioned by Islamic Law as legitimate justifications, to expose herself before any person other than that who may legitimately have sexual intercourse with her. A woman's need for treatment when suffering a harmful disease or an abnormal, disturbing condition in her body is considered a legitimate justification for exposure before a person other than her husband for the purpose of treatment, as long as the exposure is restricted in degree to what is necessary for that purpose. Islamic Center of Southern California