Doctor Patient Relationship | Who is Disqualified From Standing Doctor?

Curing despite Ignorance 

In Islam, the fundamental condition to do anything is ability. The act done without required ability and capacity is certainly inappropriate thought the better result is gained. Doctor patient relationship is very sensitive, so should be managed carefully.  

Types of Doctors

Hazrat Badeeda (RA) narrated that the Prophet Peace Be upon Him said. Qazi ) Judges are three types the one deserves paradise and the rest will go hell. The one, aware of reality and decides accordingly, is in paradise. The one decides without knowing the reality, is in hell. 

The one doesn't know anything regarding the reality and proceeds judicial work, is in hell too. 

That's why Fuqaha wrote regarding judicial work that without ability and capacity, trying to do such important job is forbidden at all. 

As some rights are related to the judicial designation, similarly, treatment has relation with peoples' health and life. In Islam, human care is amongst basic goals. 

After religion safety, this department is most important. Hence, the reason of most leaves and conveniences to save man from death and intense labor.

Treatment by Disqualified Doctors
So, obviously, the ability and capacity of curing one is the must. As for this background, the Fuqaha prevented the disqualified doctor from curing. Kasani RA narrated that Imam AbuHanfia is convinced regarding punishment for three men, the free-thinking Muft, the disqualified doctor, the poor man deals in renting things.

Some nicely wrote that this prevention belongs to Amar BilMaroof and Nahi ani lmukar. Actually, when individual free thinking causes overall damage the collective interest would be preferred.

And though, snatching personal freedom is harmful, yet it's less than collective harm, so would be accepted. Ibni Humam, the all knower of Islamic affairs, says. if the punishment is to get riff of common harmfulness such as unlearned doctor, free-thinking Mufti, and the poor deals in renting things, the act upon the narration of Imam Abu Haneefa is valid since it removes the big harm at the cost of less harm.

The Doctor - Unlearned Vs Expert

Actually, the question is, who should be called the unlearned doctor? The jurists tried to appoint according to their time and circumstances. 

The author of Fatawa Sirajia says: 

The unlearned doctor is who fed poison concerning it medication. 

Allama Babarti writes:

One who fed deadly medicines in diseases, whether he knows or not, an unlearned doctor.  

Some gave their statement, explaining the above definition that the unlearned doctor is the one fed people the deadly medicines and doesn't prevent the side effect, appeared on the patient. 

In short, who doesn't own the ability to recognize medicins, considers the poison as a cure, writes a prescription estimating, and can't combat the bad effects of medicins having side effects he would be considered as a unlearned doctor.  

This definition by jurists is in perspective of their time is absolutely right because medical art wasn't so complicated and there were not many branches of medical art as today. People used to read some books having symptoms of diseases and medications along with other topics. 

They get more guidance with experiment and that used to be considered enough. It was considered enough to be a doctor. Neighter pemanent education was needed nor any sort of cirtificate. 

There is another narration:

One who cured despite being unknown with the ability of curing he will be responsible for damge. Allama Munaave RA wrote as its comentary.