WSID? Can I See a Doctor of the Opposite Sex?

1. Details About the Situation

Hassan is a 37-year-old father and high school teacher. For the past several weeks, he has had a persistent and painful rash on his upper back. He has tried several over-the-counter treatments, but the rash has not improved and has recently become more uncomfortable. His primary care doctor recommends that he see a dermatologist to determine the cause and appropriate treatment.

When Hassan contacts a dermatology clinic, he is told that the earliest available appointment is with a female dermatologist. A male dermatologist is also available, but the first appointment is several weeks later. Hassan is concerned that the examination may require the doctor to look closely at and possibly touch the affected area on his upper back.

Rather than simply taking the earliest appointment, Hassan asks whether there are any other male dermatologists he could see sooner. After contacting several clinics, he is unable to find a male dermatologist who can reasonably see him in the near future. His symptoms continue to worsen, and he is concerned that waiting several more weeks could delay necessary diagnosis and treatment.x

Hassan wonders whether he can see the female dermatologist given the nature of the examination. He also considers whether there is any meaningful difference in the doctors’ expertise or approach to treating his condition that would affect his decision.

2. Background

Islamic guidelines regarding looking at and touching the body apply even in situations involving medical treatment. At the same time, Islam recognizes that people may sometimes need medical care that cannot reasonably be provided while observing all of these boundaries.

This creates an important distinction between ordinary circumstances and situations involving a legitimate medical need. The question is not simply whether seeing a doctor of the opposite sex is more convenient, but whether the medical circumstances justify what would otherwise be prohibited.

3. Ruling

According to Sayyid Sistani:

In itself, there is no problem with visiting a doctor of the opposite sex. The issue arises when medical treatment requires looking at or touching parts of the body that are ordinarily prohibited.

If such looking or touching is required, a person should seek treatment from a doctor of the same gender when one is reasonably available. However, this does not mean that a same-gender doctor is automatically permitted to look at or touch any part of the body. Such acts remain restricted and are permitted only to the extent that they are medically necessary for diagnosis or treatment.

There is an exception when the opposite-gender doctor has greater expertise, superior competence, or a gentler approach to treatment in a way that is relevant to the patient’s medical care. In such circumstances, Sayyid Sistani permits seeking treatment from that doctor.

Therefore, the ruling is not simply based on convenience or personal preference. When prohibited looking or touching is required, a person should first consider whether the necessary treatment can reasonably be obtained from a doctor of the same gender. If it can, that option should be pursued. If it cannot reasonably be obtained, or if the opposite-gender doctor has a relevant advantage in expertise, competence, or manner of treatment, the circumstances may permit seeking treatment from that doctor.

4. Action

Hassan has made a reasonable effort to find a male dermatologist, including contacting several clinics. However, he is unable to find one who can reasonably see him soon enough, while his symptoms continue to worsen and his doctor has recommended specialist evaluation.

Given his circumstances, Hassan proceeds with the appointment with the female dermatologist. Before the examination, he explains that he has religious boundaries regarding physical contact and asks that the examination be limited to what is medically necessary. The doctor examines and treats only the affected area and avoids anything beyond what is required for diagnosis and treatment.

Hassan has made a reasonable effort to find a same-gender provider, considered the medical consequences of delaying treatment, and limited the examination to what is medically necessary. In circumstances where necessary treatment cannot reasonably be obtained otherwise, Islamic law provides an accommodation for medical care.

Seeking necessary medical treatment is not contrary to our religious obligations. Islam recognizes the importance of caring for the body and provides allowances when genuine medical needs make otherwise prohibited actions necessary.