What is the ruling on a wife following up on her pregnancy with her husband's brother, who is a doctor, and is the brother's presence at his brother's wife's Caesarean section considered a necessity?
The fundamental principle for a woman's medical treatment is that it should be performed by a female specialist, unless a male doctor is more skilled and specialized. The Islamic Fiqh Academy has stipulated that a specialized female doctor should examine a female patient. If unavailable, then a trustworthy non-Muslim female doctor, then a Muslim male doctor, then a non-Muslim male doctor, with the proviso that the examination is limited to the extent of the need, with lowered gaze, and in the presence of a , husband, or a trustworthy woman. Sheikh Ibn Uthaymeen issued a permitting a woman to go to a male doctor if he is more skilled or has deeper specialization, even if a female doctor is available. What some women do, taking lightly going to a doctor who knows them, is reprehensible. They can first be examined by a female doctor and then resort to a male doctor if they need a procedure and he is more skilled. The noble "The hamw (in-law) is death" means that the husband's non-mahram relatives, such as his brother and nephew, pose a greater danger than a stranger due to their greater ability to be in seclusion. This hadith does not apply to the wife's doctor unless seclusion occurs without a mahram or a trustworthy woman, relying on the idea that he is one of her "in-laws." The doctor can stipulate the presence of a mahram for the patient or his brother. Wives of relatives should refrain from being examined by a doctor who knows them. It is advisable for the wife to explain to her husband the greater caution in his refraining from examining them if possible.
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