Q: Many doctors working in their private clinics make the following deal with the owners of medical laboratories: The doctor sends their patients who need to undergo some medical tests to a certain medical laboratory after agreeing with its owner to take commission from the charges of these tests and this commission sometimes amounts to fifty percent of the charges. Since these are fixed charges laid down by the ministry of health, the owner of the laboratory cannot and does not ask for extra charges and pays the doctor's commission from their own payment which they receive from the patient. The patient, on the other hand, pays no extra charges because it is the owner of the laboratory who has waived part of their share in the charges. (Part No. 24; Page No. 433) 1. Is the laboratory owner sinful for doing this?2.
The doctor may ask the patients to undergo unnecessary tests to increase their commission, without prior agreement with the laboratory owner
who will definitely reject this if they know about it. They carry out the tests required by the doctor thinking that the latter is doing his work sincerely, fears Allah, and requires necessary tests. Would the laboratory owner be sinful for this?A person may ask: As long as the laboratory owner knows that these are unnecessary tests, why does he do them? The answer is that they do not know that they are unnecessary, since the doctor is the one who diagnoses the illness and requires the necessary tests and Allah knows best their inner self. Some people face me with this question. Would the laboratory owner be sinful then?
A:
Firstly,
if the reality is as you mentioned, that there is a prior agreement between the doctor and the laboratory owner stating that the former will send their patients to the latter to undergo the required tests in return for commission taken from the charges of the tests, this will not be permissible for both sides. In fact, this involves preference and blocking the Rizq (sustenance) of other laboratory owners unless the owner of this laboratory is the best in terms of truthfulness, honesty, and precision. (Part No. 24; Page No. 434) Only then, is it permissible to send patients to them because this is more beneficial for the patients and helps the doctor decide on the correct treatment. However, it is not permissible for the doctor to take any commission from the test charges, because they would be taking money without return.
Secondly,
if the laboratory owner knows that the doctor has requested unnecessary tests to take more commission, they will not be permitted to carry out these tests because this involves cooperation in deceiving the patients and taking their money unlawfully. In fact, they should advise the doctor so that the latter would make Tawbah (repentance to Allah) and the three parties would be safe. If the laboratory owner has no knowledge of this, he will not be sinful for carrying out the required tests.May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.
A pharmacist giving...
