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Is it permissible to take financial compensation from the hospital and its medical staff for the damage, pain, and temporary disability resulting from their negligence and mistreatment during childbirth?

1 min readAlso available in العربية

If medical negligence is proven, and it results in material harm such as the loss of a limb or the impairment of its function, then the perpetrator is legally liable. They must pay the diyah (blood money) for the limb if it is a prescribed amount, or a fair hukoomah (arbitrated compensation) if there is no prescribed diyah. Compensation is also established if the negligence leads to additional surgeries or a partial or temporary disability.

However, pain and moral damage are not compensable, according to the resolution of the Islamic Fiqh Academy. There is no financial compensation in fiqh (Islamic jurisprudence) for moral damages. But the right of the servant is not lost with Allah; they will receive their right on the Day of Judgment if they do not forgive.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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