Clarification on Labeling Husbands as 'Dayus' for Allowing Their Wives to Deliver with Male Doctors

QUESTION

Assalamualaikum Dr., please provide clarification regarding some individuals labeling husbands who permit their wives to give birth assisted by male doctors as being "dayus."

ANSWER

Wa'alaikumussalam. Here is my brief response:

1. Understanding the Meaning of Dayus

In Islam, dayus refers to a man who has no sense of protective jealousy or does not care about the honor of his family members engaging in acts that violate Islamic law.

The Prophet Muhammad ? said:

"????? ?? ?????? ?????: ????? ???????? ???????? ????? ??????" (Three types of people will not enter Paradise: the one who disobeys his parents, the dayus, and the woman who imitates men.) (Narrated by Ahmad and al-Nasa’i)

The Prophet ? also said:

"??? ???? ?? ???? ?? ???? ???? ??? ????? ?? ?????? ????? ???? ?????? ??????? ?? ?????? ??????? ????? ????? ?? ???? ???? ??? ?????? ????? ??? ?????? ??? ?????? ??? ???? ?? ????? ?? ??? ??? ????" (From Ammar bin Yasir, who heard the Prophet Muhammad ? say: "Three people will never enter Paradise: the dayus, the woman who imitates men, and the alcoholic. The companions asked, 'O Messenger of Allah, we understand the alcoholic, but what is dayus?' The Prophet replied: 'It is the one who does not care who interacts with his family members.'") (Narrated by al-Tabarani, Majma’ al-Zawaid, 4/327. Its narrators are trustworthy.)

From these hadiths, it is understood that a dayus is a husband or father who has no concern for or neglects the interaction of his wife and daughters with others, even allowing inappropriate physical contact with non-mahram men.

2. Another Hadith Regarding Dayus

The Prophet ? was also asked by his companions about the definition of dayus, to which he responded:

"????? ?? ???? ???? ??? ?????? ??? ?? ??? ????? ?? ????" (They asked, "O Messenger of Allah, who is the dayus?" The Prophet replied: "It is the one who permits immoral behavior (such as zina, uncovering aurah, or free mixing) among his family members.")

3. Explanation by ScholarsSeveral scholars have elaborated on the term dayus:

Several scholars have elaborated on the term dayus:

The Situation of Childbirth with Male Doctors

In the context of childbirth, several factors must be considered before labeling someone as "dayus":

a. Emergency Situations

In cases of necessity where no female doctors are available, it is permissible to seek assistance from a male doctor. Islam prioritizes saving the lives of the mother and child. Allah ? says:

"?????? ???????? ?????? ????? ????? ????? ????? ?????? ????????" (But whoever is forced by necessity, neither desiring [it] nor transgressing [its limit], there is no sin upon him.) (Surah Al-Baqarah, 2:173)

b. Lack of Female Specialists

In many healthcare systems, there is a shortage of female specialists in obstetrics and gynecology. When no female doctor is available, this constitutes a permissible necessity in Islam.

c. Professionalism and Ethics

Male doctors who assist in childbirth are bound by strict ethical and professional guidelines. In Islam, exposing aurah is permissible only to the extent necessary for medical treatment.

5. Is the Husband Considered Dayus?

Labeling a husband as dayus for allowing his wife to be assisted by a male doctor is not accurate for the following reasons:

• Priority of Saving Lives: In childbirth, the lives of the mother and child are the top priority. A husband who permits a male doctor due to necessity is acting within Islamic guidelines.
• Intentions of the Husband: A husband is considered dayus only if he willingly allows or condones acts that violate Islamic principles. In this context, medical treatment does not constitute a violation.
• Scholarly Consensus: The majority of scholars agree that seeking medical assistance from a male doctor in emergencies or due to a lack of female doctors is permissible. Thus, labeling such husbands as dayus is unwarranted.

6. Recommended Practices

a. Avoid Unjust Labeling

Labeling someone as dayus without evidence or understanding the situation is unjust and can lead to slander. Islam prohibits passing judgments without clear knowledge.

b. Choose Female Doctors If Possible

Couples are encouraged to seek female doctors to avoid doubts or confusion. However, when this is not an option, there is no sin on either the husband or wife.

c. Support Infrastructure Development

The Muslim community should work towards training more female specialists in obstetrics and gynecology to meet the needs of the ummah.

7. Conclusion

Labeling a husband as dayus for permitting his wife to give birth with the assistance of a male doctor is unjust and baseless in cases of necessity. Islam emphasizes fairness, the preservation of life, and flexibility in emergency situations. As a community, we must avoid making accusations without understanding the realities and principles of Islamic law.

Dr. Zaharuddin Abd Rahman