Regarding the Gift for Physician
السؤال: فضيلة الشيخ! تقوم بعض شركات الأدوية بتقديم عينات من الأدوية والأقلام والمذكرات والكتب التي تحمل دعاية لشركة الأدوية، فتقوم بتقديم هذه العينات وهذه الأدوية إلى الأطباء والصيادلة فهل يجوز قبولها أم لا؟
Some medicine manufacturers give some gifts such samples of their drugs or pen or notebook that contain advertisement of the manufacturer to the physicians and the pharmacists. Is it allowed to accept that gift?
الجواب: إنه لا بأس ما لم يكن ذلك من باب الرشوة، وإن كان من باب الرشوة فلا، وأما إن كان من باب الدعوة لها، وهي مؤسسة جائزة ليس فيها حرام فلا بأس
Sheikh Muhammad Ibn Shalih al Uthaymeen answered, “It is alright to accept that gift as long as it is not a kind of bribery (i.e. the gift that will affect the physician’s decision). If it is given in order to bribe him, then it is not allowed to accept it. As for the gift for the physician in order to advertise the drugs and the manufacturer is not a type of manufacturer that produce unlawful drugs in shari’a, it is alright to accept such kind of gift.” (Taken from: Liqo al Bab al Maftuh, 7:28).
In his fatwa above, Sheikh Ibn Uthaymeen divided the gifts for physician given by the medicine manufacturers into two categories:
Firstly, gifts that are given in order to advertise and to introduce their products; such gifts are lawful to accept.
Secondly, gifts that are intended to bribe the physician. In another word, the gifts are given to affect the policy and decision of the physician hence he will not value a drug objectively anymore, but based on his view, which one that will benefit him financially; such gifts are unlawful to accept.
The division of gifts into these two categories is a correct division, when the value of the gifts are as mentioned in the question above. As for the gifts of great value, there is no doubt that such gifts will only fall into a single category, that is unlawful, because it is included as a bribe to influence the objectivity of the physician.
Author: Ustadz. Aris Munandar, S.S., M.PI.
Article of www.syaria.com