The Necessity of Husband's Consent in Clinical and Surgical Operations of the Wife

According to the Islamic Criminal Law, consent from the patient or their legal guardian is necessary for any clinical or surgical operation. Currently, hospitals get consent from the husband for clinical operations of his wife and if they could not get the consent they refuse to do the operation. In this paper, legal and religious basis for this type of consent (husband for wife) is discussed using comparative legal methodology. When the wife is competent, no consent is necessary except for the patient herself. The husband’s consent seems to be necessary when the clinical or surgical operation interferes with the family interests. In this situation also, the husband’s consent should be obtained unless the operation is crucial for the wife. Thus, the husband’s consent is limited to non-therapeutic operations.