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Diyyah on Tubal Ligation

Q:

Salamun Alaikum ……

I have completed my medical science recently and i have started my internship in hospital. I have to go to different department of hospitals for training and i have to assist many operations in the hospitals with senior doctors including tubal ligation which is considered permanent contraception. In tubal ligation, we ligate the Fallopian tube but with that also cut it…Sometimes While assisting such operations i have to “cut” the tube of Muslim patients.

Does this cutting of tubes make Diyyat(Blood money) wajib on me?

A:

A/salaam.

DIYAH is a form of blood money, given to the family if somebody has been killed unjustly.
 Same blood money is given when a child is aborted.  (rulings differ)

However, this action of tubal ligation seems to be done as he is a doctor and performing his duty.  Tubal ligation isn’t killing a soul. If the doctor does it without the consent of the patient then he would have to pay blood money.

Please refer to this ruling:
Q:  132: Some people stipulate in their will that some organs of their body may be removed after death for the purpose of transplantation in the body of another human being in need of them. Is this kind of will correct, & is it permissible to excise those parts (of the body) in such a case?

A: [Certainly not. It is not correct & is not permissible] if the testator is a Muslim, except if the life of another Muslim depends on this, then it is permissible even if the donor has not made such a will. But [the diyah will be obligatory on the one who does the excision] except where it is done according to a will, in which case there is no diyah on him. (FM, pp.415-16)

Al-shia.org/books/contemporary/mualamat4.html

HE knows the best.

Kanize Zainab