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Secrets in the medical profession

Question: 2151

What is a secret? And what are the
rulings governing secrets in a specific profession dealing with secret or confidential
issues, such as medicine?

Praise be to Allah, and peace and blessings be upon the Messenger of Allah and his family.

  1. A secret is something which one person discloses to another and asks him
    not to tell anyone else. This includes situations where it is obvious that the matter
    should not be disclosed, such as when a man looks around to make sure that there is nobody
    listening to what he is saying, and so on, as well as private and embarrassing matters
    that no-one would like everyone to know about.

  2. A secret is a trust for which the person who has been asked to keep it
    is responsible. This is in accordance with both the teachings of Islam and the
    requirements of chivalry and good manners.

  3. In general, secrets should not be disclosed and spreading secrets
    without a good reason is considered to be subject to the disapproval of sharee’ah.

  4. The duty to keep secrets applies even more to people working in
    professions where disclosure of secrets could reflect badly on the profession itself, as
    is the case in the medical profession, where people come to practitioners to seek advice
    and ask for help, and so they have to tell them everything that may help them to do their
    job properly, including matters which they may not disclose to anyone else, even their
    closest family members.

  5. The obligation to keep secrets does not apply in cases where concealing
    something may lead to a greater harm that outweighs any harm feared as a result of
    revealing it. Such situations are of two types:

    1. Cases where a secret has to be revealed on the grounds of choosing the
      lesser of two evils in order to avoid greater harm, and allowing harm to befall an
      individual for the sake of the general good. Such cases are of two types:

    1. Where the good of an entire society is at stake

    2. Where the good of an individual is at stake

    1. Cases where it is permissible to reveal a secret because

  1. This is in the interests of society as a whole

  2. This will protect society from harm

In all these situations, strict attention must be paid to the aims and
priorities of sharee’ah, which are to protect Islam, lives, minds, lineages and
wealth.

Source

Majma’ al-Fiqh al-Islami, p. 180

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