Selling medication without a prescription

Category: 

Business Dealings & Money Matters

According to Madhhab: 

Hanafi

Reference: 

1441-550

Question: 

I'm a pharmacist who has access to Viagra which normally you need prescription before buying it So my query is may I sell this medication at a slightly higher price without the prescription letter thus saving the client the expenses of acquiring a prescription?


Answer: 

According to law, only patients in possession of a prescription are entitled to purchase certain types of medication which you are fully aware of, being a pharmacist. It is necessary for us as Muslim citizens to also abide by the rules and regulations of the country with the proviso that the rules and regulations of the country do not contradict the laws of Shariah. If the regulations of the country contradict the laws of Shariah then the laws of Allah Ta’aala will be given priority and have to be implemented. The Hadith states, “There is no obedience to the creation at the expense of disobeying Allah Ta’aala”[Tabrani]

Now coming to your query, it is necessary for you as a pharmacist to abide by the regulations of the country by ensuring that drugs requiring a prescription are only issued with a valid prescription from a medical practitioner. By overlooking and by-passing this requirement there always exists a possibility of being caught out and as a result being prosecuted, ultimately bringing humiliation upon you as a Muslim, which is obviously something to be avoided. We therefore advise abstention from such a practice.

AND ALLAH TA’ALA ALONE IN HIS INFINITE KNOWLEDGE KNOWS BEST

ANSWERED BY: Mufti Mohammed Desai 

CHECKED AND APPROVED BY: Mufti Muhammed Saeed Motara Saheb D.B

Date: 23 Shawwal 1441 

English Date: 16 June 2020

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