—then deceives people, treats them, and, through his treatment, causes the loss of a life or any lesser limb, he is liable, for he has transgressed by misleading the public and undertaking what he does not know.
Al-Ṭayyibī states in his commentary on al-Mishkāt: “I know of no disagreement that when a practitioner exceeds his competence and the patient dies, he is liable. The same applies to anyone who undertakes a science or craft he does not know: he is a transgressor. If death results from his action, he must pay the blood-money, but retaliation (qiṣāṣ) is waived, for he did not act without the patient’s consent.”
2 – Ruling on his action: it is forbidden for him to make this false claim, to endanger people, and to tamper with their bodies out of ignorance and deceit.
3 – Any fee he takes is unlawful, for it amounts to consuming people’s property without right, the product of fraud and deception.
4 – This very approach is practiced by many who boast of “folk medicine.” They impress simple-minded people with displays of knowledge, brand them with fire, and prescribe remedies that, if they do not harm, bring no benefit.
5 – By analogy, the same ruling applies to anyone who claims a craft or trade he does not master and thereby ruins people’s property. His false claim or bungled “repair” makes him liable for every loss incurred, and any money he takes is forbidden wealth—devouring property unjustly.
6 – Even more serious is the claim to possess sacred knowledge and the issuing of fatwas in ignorance. If bodies are entitled to compensation when harmed through ignorance, how much greater is the harm done to religion!
7 – A legal opinion on this subject was issued by the Grand Mufti and Chief Judge of Saudi Arabia in his time, His Eminence Shaykh Muḥammad ibn Ibrāhīm Āl al-Shaykh (may Allah have mercy on him). It reads: “From Muḥammad ibn Ibrāhīm to His Majesty King Saud ibn ʿAbd al-ʿAzīz—may Allah support him with His guidance…”