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The question

Is a woman forbidden to her husband if a foreign doctor sees her nakedness out of necessity, and is the husband included in the oath that the husband intended for non-mahrams?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

The husband's statement: "You will be unlawful for me" can be interpreted as either a promise of unlawfulness or a suspension of unlawfulness. If it is intended as a promise, then nothing occurs upon breaking it. However, if it is intended as a suspension, then what he intended takes effect when the condition upon which it was suspended occurs.

The issue of a husband making his wife unlawful for himself is a matter of scholarly disagreement. Some interpret it as ẓihār (a pre-Islamic form of divorce), others as divorce (ṭalāq), others as an oath (yamīn), and some differentiate based on the husband's intention. The determining factor in identifying what the unlawfulness is suspended upon is the husband's intention, or the reason for the oath if he has no specific intention. Therefore, the husband's intention and purpose must be known.

It should be noted that it is not permissible for a woman to be delivered by a male doctor except out of necessity. Nor is it permissible for her to expose any part of her body to a non-mahram man. She should not expose to her mahram relatives more than what is usually apparent. Furthermore, a Muslim is advised to reside in Muslim countries to avoid the risks to religion and morals of living in non-Muslim countries.

Summarized from the full answer at Ftawy · imported

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Source platform
Ftawy
Original fatwa ID
130680
Imported
Translation status
Source text, unreviewed
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