What is the ruling on taking the money distributed by the Dentists' Association, which is collected by deducting a fixed amount from each medical referral, if: 1. The doctor did not make any referrals this year? 2. The specialist doctor increased some unnecessary treatments under the pretext of compensating the patient? And what should the doctor do with this money if it is not permissible to take it?
The syndicate mentioned in the question - which contracted with governmental institutions to treat their employees - is a form of a company of works or bodies. The Shafi'is prohibited this type of company, while the majority (Hanafis, Malikis, and Hanbalis) permitted it, but with conditions, including: that a partner is not allowed to individually appropriate the fees they receive, and that the partnership must be based on a fixed amount of money distributed annually. The Malikis stipulated that the partners must be in one location. Since these conditions are not met in the aforementioned syndicate, this company is فاسدة (null and void/corrupt). Therefore, each partner has the right to reclaim only what was deducted from them, and anything beyond that must be returned to the syndicate to be given back to its rightful owners.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/74335
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 74335
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy