Sexually harassed by a doctor
19-9-2007 | IslamWeb
Question:
Al-sallamu Al-laikoum We are having a debatable case, I need to know what would the Sahabba {Companion of the Prophet (Peace and blessing be upon him)} have done assuming that this following case have took place at their era. The case: A women has been molested by a doctor at his clinic where nobody was there. Fortunately, she has managed to escape. The question now what would be the action taken by the Companion against the doctor. Knowing that there is no any female doctors in the city. I need the Shari'aa point of view. Jazzakoum Allahu khair
Answer:
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad 
is His slave and Messenger.
What is reported about the four Rightly Guided Caliphs, is that whoever commits a sin which does not necessitate a Hadd (i.e. the corporal punishment determined by the Islamic Law) or an expiation, he is reprimanded –meaning beaten and disciplined –as the scholars 
stated. If a man harasses a woman (sexually) without having sex with her, he should be reprimanded, but a reprimand can only be confirmed with the testimony of two male witnesses. Therefore, if two males testify that a specific person has sexually harassed a woman, then he should be reprimanded. In this matter, neither the testimony of a woman nor that of one man and an oath (of the claimant i.e. the harassed woman) are accepted.
Therefore, if two witnesses testify that the doctor whom you mentioned in the question molested that woman, then he deserves to he reprehended. In this case, the matter should be taken to an Islamic court to impose on him what would deter him from committing his abominable act again.
If no two male witnesses testify to this effect, then he will not be reprimanded, as in principle a Muslim is free from dissoluteness and immorality.
Nonetheless, that woman should be careful in the future not to be in seclusion with a marriageable man even if he is a doctor, and if she must be treated by a male doctor, one of her male Mahaarim (i.e. plural of Mahram, who is a husband or a person whom one is permanently prohibited from marrying due to suckling, marital, or blood relations) or a woman should accompany her in order to avoid being in seclusion with him.
For more benefit, please refer to Fataawa 90424 and 88522.
Allaah Knows best.