Cosmetic surgery: Difference between revisions
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'''Cosmetic surgery''' is one of the contemporary topics in medical jurisprudence. Its religious rulings have been discussed in some contemporary jurisprudential books and in response to | '''Cosmetic surgery''' (in Persian: [[:fa:جراحی_زیبایی|جراحی زیبایی]]) is one of the contemporary topics in medical jurisprudence. Its religious rulings have been discussed in some contemporary jurisprudential books and in response to istifta'at (religious inquiries). Most contemporary jurists believe that if cosmetic surgery has a rational purpose, it is permissible to perform it. Based on this, [[Hossein-Ali Montazeri]] and [[Mohammad Fazel Lankarani]] have considered the provision of beauty to be among the rational purposes. In contrast, [[Mohammad-Taqi Bahjat]] and [[Mohammad-Ali Alavi Gorgani]] have not considered cosmetic surgery permissible if it is solely for the purpose of increasing beauty. | ||
From the perspective of jurists ( | From the perspective of jurists (fuqaha), if cosmetic surgery is solely for the purpose of gaining beauty, it is not permissible if it involves looking at and touching a non-mahram. However, if it has a therapeutic aspect and its performance is necessary, and there is no doctor of the same gender available, there is no issue. | ||
In stating the ruling on the permissibility of cosmetic surgery, rules such as [[Asalat al-Ibahah]] and the [[Rule of Authority]] have been cited. However, opponents of cosmetic surgery, relying on [[Quran 4:119]], consider cosmetic surgery to be forbidden ( | In stating the ruling on the permissibility of cosmetic surgery, rules such as [[Asalat al-Ibahah]] and the [[Rule of Authority]] have been cited. However, opponents of cosmetic surgery, relying on [[Quran 4:119]], consider cosmetic surgery to be forbidden (haram). All contemporary Shia fuqaha agree that if cosmetic surgery involves looking at and touching a non-mahram, it is not permissible; although jurists have considered cosmetic surgery by a non-mahram doctor permissible under certain conditions. In addition, if cosmetic surgery leads to problems in performing obligatory acts such as wudu and ghusl, it should be avoided. | ||
==Explanation of the Issue and Its Position== | ==Explanation of the Issue and Its Position== | ||
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===Position of the Issue in Contemporary Jurisprudence=== | ===Position of the Issue in Contemporary Jurisprudence=== | ||
Cosmetic surgery is one of the emerging branches of medicine, and jurists have discussed its rulings in some contemporary jurisprudential books and in response to | Cosmetic surgery is one of the emerging branches of medicine, and jurists have discussed its rulings in some contemporary jurisprudential books and in response to istifta'at.<ref>Islamic Jurisprudence Encyclopedia Institute, *Farhang-e Fiqh-e Farsi*, vol. 3, p. 69.</ref> There is no separate chapter dedicated to cosmetic surgery in jurisprudential texts, but related topics are raised in several chapters such as marriage (nikah),<ref>Safati and Kazemi, "Cosmetic Surgery from the Perspective of Jurisprudence," p. 22.</ref> or in discussions of ablution (wudu and ghusl) concerning the operated organ,<ref>Tabrizi, *Sirat al-Najat fi Ajwibat al-Istifta'at*, vol. 7, p. 218.</ref> and discussions related to the rulings of looking at and touching a non-mahram.<ref>Makarem Shirazi, *Istifta'at-i Jadid*, vol. 1, p. 479.</ref> | ||
===History and Background=== | ===History and Background=== | ||
Cosmetic surgery in its modern form was not discussed in past narrative and jurisprudential books and is an emerging medical issue that has come under the thought and study of contemporary jurists to examine its religious ruling. However, Ibn Sa'd in the book | Cosmetic surgery in its modern form was not discussed in past narrative and jurisprudential books and is an emerging medical issue that has come under the thought and study of contemporary jurists to examine its religious ruling. However, Ibn Sa'd in the book Al-Tabaqat al-Kubra narrates a tradition according to which the Prophet (s) advised a person named 'Arfajah ibn As'ad ibn Karb al-'Utaridi, who had lost his nose in one of the wars of the pre-Islamic era and had made a nose of silver for himself that gave off a bad smell, to make and use a nose of gold.<ref>Ibn Sa'd, *Al-Tabaqat al-Kubra*, vol. 7, p. 32.</ref> | ||
==Cosmetic Surgery from the Perspective of a Primary Ruling== | ==Cosmetic Surgery from the Perspective of a Primary Ruling== | ||
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====Principle of Permissibility (Asalat al-Ibahah)==== | ====Principle of Permissibility (Asalat al-Ibahah)==== | ||
If a jurist doubts whether something is permissible ( | If a jurist doubts whether something is permissible (halal) or forbidden (haram), and after searching, finds no religious evidence for its prohibition, they assume the principle of permissibility (ibahah) or non-prohibition.<ref>Valaei, *Farhang-i Tashrihi-yi Istilahat-i Usul*, p. 72.</ref> Therefore, since there is no religious evidence such as a verse, narration, rational proof, or consensus on the prohibition of cosmetic surgery, the principle is its permissibility and non-prohibition. | ||
====Rule of Authority (Qa'ida al-Taslit)==== | ====Rule of Authority (Qa'ida al-Taslit)==== | ||
According to the [[Rule of Authority]] (the validity of which jurists have established based on the Quran, narrations, the practice of the wise, and consensus), every owner has complete authority over their property,<ref>Mohaqqeq Damad, *Qawa'id-i Fiqh*, vol. 1, p. 227.</ref> and some jurists like [[ | According to the [[Rule of Authority]] (the validity of which jurists have established based on the Quran, narrations, the practice of the wise, and consensus), every owner has complete authority over their property,<ref>Mohaqqeq Damad, *Qawa'id-i Fiqh*, vol. 1, p. 227.</ref> and some jurists like [[Sayyid Ruhollah Musavi Khomeini]] and [[Mohammad Momen Qomi|Momen Qomi]] have extended this rule to rights and persons, and have also included a person's authority over themselves and their body parts under this rule.<ref>Khomeini, *Kitab al-Bay'*, vol. 1, pp. 41-42; Momen Qomi, *Kalimat-i Sadidah*, pp. 163-164.</ref> Based on this, in the absence of a religious prohibition, a person can make dispositions regarding their body and undergo cosmetic surgery for themselves.<ref>Safati and Kazemi, "Cosmetic Surgery from the Perspective of Jurisprudence," pp. 27-28.</ref> | ||
===The Theory of Prohibition as a Primary Ruling=== | ===The Theory of Prohibition as a Primary Ruling=== | ||
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====Verse of Changing Creation==== | ====Verse of Changing Creation==== | ||
Cosmetic surgery is a type of change in God's creation, and according to the verse "I will command them, and they will change God's creation..."<ref>Quran 4:119.</ref> changing God's creation is one of the temptations and commands of Satan and is forbidden, thus cosmetic surgery is prohibited and | Cosmetic surgery is a type of change in God's creation, and according to the verse "I will command them, and they will change God's creation..."<ref>Quran 4:119.</ref> changing God's creation is one of the temptations and commands of Satan and is forbidden, thus cosmetic surgery is prohibited and haram. In contrast, [[Naser Makarem Shirazi]] argues that, firstly, in that case, many actions such as surgery to separate an extra finger, or surgery to separate conjoined twins would have to be considered forbidden, whereas none of them are.<ref>Makarem Shirazi, *Kitab al-Nikah*, vol. 2, p. 133.</ref> Secondly, the verse is related to monotheism and polytheism, and the meaning of "God's creation" in this verse is human nature (fitrah); meaning, I will tempt people to change the nature of God into disbelief.<ref>Makarem Shirazi, *Kitab al-Nikah*, vol. 2, p. 133.</ref> | ||
====Narrations==== | ====Narrations==== | ||
One of the proofs for the prohibition of cosmetic surgery is the narrations that forbid making changes to the human appearance; such as a narration that Sheikh Saduq transmitted from Imam al-Sadiq (a) in which the Prophet cursed several groups of women; including women who pluck another woman's facial hair, file another woman's teeth, attach one woman's hair to another's, tattoo another woman's face and body, and also the women upon whom these actions are performed.<ref>Sheikh Saduq, *Ma'ani al-Akhbar*, p. 250.</ref> However, some contemporary Shia jurists like [[Sayyid Abulqasim Khoei]] and [[Sayyid Taqi Tabatabai Qomi]] have considered this narration to be weak in terms of its chain of transmission ( | One of the proofs for the prohibition of cosmetic surgery is the narrations that forbid making changes to the human appearance; such as a narration that Sheikh Saduq transmitted from Imam al-Sadiq (a) in which the Prophet cursed several groups of women; including women who pluck another woman's facial hair, file another woman's teeth, attach one woman's hair to another's, tattoo another woman's face and body, and also the women upon whom these actions are performed.<ref>Sheikh Saduq, *Ma'ani al-Akhbar*, p. 250.</ref> However, some contemporary Shia jurists like [[Sayyid Abulqasim Khoei]] and [[Sayyid Taqi Tabatabai Qomi]] have considered this narration to be weak in terms of its chain of transmission (sanad).<ref>Tawhidi, *Misbah al-Fiqahah*, vol. 1, p. 204; Tabatabai Qomi, *Umdat al-Matalib fi al-Ta'liq 'ala al-Makasib*, vol. 1, p. 157.</ref> | ||
According to [[Sheikh Ansari]] and Khoei, the generality of some narrations<ref>For example, see Hurr al-'Amili, *Wasa'il al-Shi'a*, vol. 17, p. 132.</ref> indicates the permissibility of attaching a woman's hair to another woman's head,<ref>Tawhidi, *Misbah al-Fiqahah*, vol. 1, p. 202.</ref> and the implication of combining these two sets of narrations is that such an act is reprehensible ( | According to [[Sheikh Ansari]] and Khoei, the generality of some narrations<ref>For example, see Hurr al-'Amili, *Wasa'il al-Shi'a*, vol. 17, p. 132.</ref> indicates the permissibility of attaching a woman's hair to another woman's head,<ref>Tawhidi, *Misbah al-Fiqahah*, vol. 1, p. 202.</ref> and the implication of combining these two sets of narrations is that such an act is reprehensible (makruh), not forbidden (haram).<ref>Sheikh Ansari, *Kitab al-Makasib*, vol. 1, pp. 168-169; Tawhidi, *Misbah al-Fiqahah*, vol. 1, p. 203; Ya'qubi Isfahani, *Al-Mawahib fi Tahrir Ahkam al-Makasib*, p. 311.</ref> The other cases mentioned in the narration, according to Sheikh Ansari, given the unity of context and also the narrations that have deemed absolute adornment for women permissible, are also ruled as reprehensible.<ref>Sheikh Ansari, *Kitab al-Makasib*, vol. 1, p. 169.</ref> | ||
====Principle of Prohibition (Asalat al-Hazr)==== | ====Principle of Prohibition (Asalat al-Hazr)==== | ||
Naser Makarem Shirazi, pointing out that it might be thought that cosmetic surgery is problematic based on the impermissibility of making dispositions in God's property, has criticized this view. According to this view, on one hand, cosmetic surgery is a form of disposition of the body—which is God's property—and on the other hand, no permission has been given for this type of disposition; therefore, cosmetic surgery is not permissible.<ref>Makarem Shirazi, *Kitab al-Nikah*, vol. 2, p. 132.</ref> | Naser Makarem Shirazi, pointing out that it might be thought that cosmetic surgery is problematic based on the impermissibility of making dispositions in God's property, has criticized this view. According to this view, on one hand, cosmetic surgery is a form of disposition of the body—which is God's property—and on the other hand, no permission has been given for this type of disposition; therefore, cosmetic surgery is not permissible.<ref>Makarem Shirazi, *Kitab al-Nikah*, vol. 2, p. 132.</ref> | ||
According to Makarem Shirazi, firstly, considering [[Quran 2:29]], | According to Makarem Shirazi, firstly, considering [[Quran 2:29]], God has created all beings on earth for humanity, and humans can make dispositions in them, unless there is a religious prohibition against such disposition.<ref>Makarem Shirazi, *Kitab al-Nikah*, vol. 2, p. 132.</ref> Secondly, even assuming that everything, including the human body, is God's property and one should not dispose of it without His permission, permission for this disposition has been granted by the Lawgiver according to the religious rule "Everything is lawful for you until you know for certain that it is forbidden."<ref>Kulayni, *Al-Kafi*, vol. 10, p. 542.</ref><ref>Makarem Shirazi, *Kitab al-Nikah*, vol. 2, p. 132; Rajaei al-Musawi, *Minhaj al-Usul*, vol. 2, p. 37.</ref> According to this rule, since we have no knowledge of the prohibition of cosmetic surgery, this act is ruled as permissible and lawful. | ||
==Cosmetic Surgery from the Perspective of a Secondary Ruling== | ==Cosmetic Surgery from the Perspective of a Secondary Ruling== | ||
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===Cosmetic Surgery in Case of Necessity=== | ===Cosmetic Surgery in Case of Necessity=== | ||
According to all contemporary jurists, if there is a necessity and emergency for cosmetic surgery, even if the doctor is a non- | According to all contemporary jurists, if there is a necessity and emergency for cosmetic surgery, even if the doctor is a non-mahram and of the opposite gender, the operation is permissible.<ref>For example, see Montazeri, *Risala-yi Istifta'at*, vol. 2, p. 352; Makarem Shirazi, *Istifta'at-i Jadid*, vol. 1, p. 479; Khamenei, *Ajwibat al-Istifta'at*, vol. 2, p. 81.</ref> If cosmetic surgery is solely to enhance beauty, it does not reach the level of necessity. Only when it has a reconstructive and therapeutic aspect, such as treating burns or skin tears, or similar cases where there is no other way for physical and mental health, is [[necessity (*idtirar*)|necessity (idtirar)]] considered, and it is permissible from a jurisprudential perspective.<ref>Qasemi, *Danshnamah-i Fiqh-i Pizishki*, vol. 2, p. 191; Safati and Kazemi, "Cosmetic Surgery from the Perspective of Jurisprudence," p. 35.</ref> However, Hossein-Ali Montazeri is of the opinion that although cosmetic surgery may not be effective in the patient's physical health, not performing it may lead to an unbearable mental illness.<ref>Montazeri, *Risala-yi Istifta'at*, vol. 3, p. 337.</ref> | ||
===Cosmetic Surgery in Case of Harm=== | ===Cosmetic Surgery in Case of Harm=== | ||
Jurists such as Sayyid Ruhollah Khomeini,<ref>Qasemi, *Danshnamah-i Fiqh-i Pizishki*, vol. 2, p. 189.</ref> Safi Golpayegani,<ref>Safi Golpayegani, *Istifta'at-i Pizishki*, p. 268.</ref> Makarem Shirazi<ref>["Ruling on Cosmetic Surgery," website of the Information Office of Grand Ayatollah Makarem Shirazi.].</ref> and [[Sayyid Ali Khamenei|Khamenei]]<ref>["Miscellaneous Medical Issues: New Inquiries," website of the Office for the Preservation and Publication of the Works of Grand Ayatollah Khamenei.].</ref> are of the opinion that if cosmetic surgery causes significant harm to the individual, it is not permissible, in accordance with the "No Harm" rule ( | Jurists such as Sayyid Ruhollah Khomeini,<ref>Qasemi, *Danshnamah-i Fiqh-i Pizishki*, vol. 2, p. 189.</ref> Safi Golpayegani,<ref>Safi Golpayegani, *Istifta'at-i Pizishki*, p. 268.</ref> Makarem Shirazi<ref>["Ruling on Cosmetic Surgery," website of the Information Office of Grand Ayatollah Makarem Shirazi.].</ref> and [[Sayyid Ali Khamenei|Khamenei]]<ref>["Miscellaneous Medical Issues: New Inquiries," website of the Office for the Preservation and Publication of the Works of Grand Ayatollah Khamenei.].</ref> are of the opinion that if cosmetic surgery causes significant harm to the individual, it is not permissible, in accordance with the "No Harm" rule (la darar). | ||
==Effects and Consequences== | ==Effects and Consequences== | ||
The effects and consequences that result from cosmetic surgery are as follows: | The effects and consequences that result from cosmetic surgery are as follows: | ||
===Involving Forbidden Looking and Touching=== | ===Involving Forbidden Looking and Touching=== | ||
According to all contemporary Shia jurists, if cosmetic surgery entails looking at and touching a non- | According to all contemporary Shia jurists, if cosmetic surgery entails looking at and touching a non-mahram (for both the patient and the doctor), it is not permissible.<ref>For example, see Khoei, Tabrizi, *Ahkam-i Jami'-i Masa'il-i Pizishki*, p. 368; Safi Golpayegani, *Istifta'at-i Pizishki*, p. 268; Makarem Shirazi, *Istifta'at-i Jadid*, pp. 478-479; Khamenei, *Ajwibat al-Istifta'at*, vol. 2, p. 81.</ref> However, according to jurists, cosmetic surgery by a non-mahram doctor is not problematic in the following cases: | ||
* Cosmetic surgery for therapeutic purposes and to repair damaged body parts, such as areas of burns or wounds. Therefore, if this is done solely for beauty, it is not permissible for a non- | * Cosmetic surgery for therapeutic purposes and to repair damaged body parts, such as areas of burns or wounds. Therefore, if this is done solely for beauty, it is not permissible for a non-mahram to look at and touch the body.<ref>Khamenei, *Ajwibat al-Istifta'at*, vol. 2, p. 81.</ref> | ||
* The cosmetic surgery is reconstructive and for therapeutic purposes, even if the doctor is not of the same gender.<ref>Montazeri, *Risala-yi Istifta'at*, 1373 SH, vol. 3, pp. 337-338; Makarem Shirazi, *Istifta'at-i Jadid*, p. 479.</ref> | * The cosmetic surgery is reconstructive and for therapeutic purposes, even if the doctor is not of the same gender.<ref>Montazeri, *Risala-yi Istifta'at*, 1373 SH, vol. 3, pp. 337-338; Makarem Shirazi, *Istifta'at-i Jadid*, p. 479.</ref> | ||
* If the surgery has a therapeutic aspect and its performance is necessary, and a same-gender doctor is available but a different-gender doctor has greater skill in the surgery, then according to jurists like [[Sheikh Jawad Tabrizi]], one can refer to the more skilled different-gender doctor.<ref>Tabrizi, *Sirat al-Najat fi Ajwibat al-Istifta'at*, vol. 7, p. 232.</ref> The basis and documentation for this view is an authentic narration from Abu Hamza al-Thumali transmitted from Imam al-Baqir (a).<ref>Qasemi, *Danshnamah-i Fiqh-i Pizishki*, vol. 2, p. 188.</ref> According to Makarem Shirazi, if there are a sufficient number of male and female doctors, and if there is a fear of danger or harm in not referring to the more skilled doctor, referring to the more skilled doctor, even if they are a non- | * If the surgery has a therapeutic aspect and its performance is necessary, and a same-gender doctor is available but a different-gender doctor has greater skill in the surgery, then according to jurists like [[Sheikh Jawad Tabrizi]], one can refer to the more skilled different-gender doctor.<ref>Tabrizi, *Sirat al-Najat fi Ajwibat al-Istifta'at*, vol. 7, p. 232.</ref> The basis and documentation for this view is an authentic narration from Abu Hamza al-Thumali transmitted from Imam al-Baqir (a).<ref>Qasemi, *Danshnamah-i Fiqh-i Pizishki*, vol. 2, p. 188.</ref> According to Makarem Shirazi, if there are a sufficient number of male and female doctors, and if there is a fear of danger or harm in not referring to the more skilled doctor, referring to the more skilled doctor, even if they are a non-mahram, takes precedence. But if there is no fear of harm or danger, one must refer to a same-gender doctor.<ref>Makarem Shirazi, *Istifta'at-i Jadid*, vol. 2, p. 597.</ref> | ||
===Wudu and Ghusl of the Operated Organ=== | ===Wudu and Ghusl of the Operated Organ=== | ||
Some of the rulings related to | Some of the rulings related to wudu and ghusl of the operated organ are as follows: | ||
====Existence of a Barrier on the Organs of Wudu and Ghusl==== | ====Existence of a Barrier on the Organs of Wudu and Ghusl==== | ||
According to Sayyid Abulqasim Khoei, cosmetic surgery is permissible for a person who has no defect or ugliness in their face and undergoes surgery to become more beautiful, but materials that adhere to the skin and prevent water from reaching the body during | According to Sayyid Abulqasim Khoei, cosmetic surgery is permissible for a person who has no defect or ugliness in their face and undergoes surgery to become more beautiful, but materials that adhere to the skin and prevent water from reaching the body during wudu and ghusl should not be used.<ref>Khoei, Tabrizi, *Ahkam-i Shar'i-yi Banuvan*, p. 388.</ref> According to Hossein-Ali Montazeri and Sheikh Jawad Tabrizi, if cosmetic surgery requires not performing obligatory acts such as wudu and ghusl correctly, it should be avoided.<ref>Montazeri, *Risala-yi Istifta'at*, vol. 2, p. 352; Tabrizi, *Sirat al-Najat*, vol. 7, p. 218.</ref> | ||
====Wudu and Ghusl of the Operated Organ==== | ====Wudu and Ghusl of the Operated Organ==== | ||
According to jurists, if the operated area is open and water is not harmful to it, one should perform | According to jurists, if the operated area is open and water is not harmful to it, one should perform wudu and ghusl normally. But if the operated area is covered and water is harmful to it, one must perform ablution over the dressing (wudu' al-jabirah).<ref>Khomeini, *Tawdih al-Masa'il*, pp. 42-43; Fazel Lankarani, *Tawdih al-Masa'il*, p. 59; Vahid Khorasani, *Tawdih al-Masa'il*, p. 249.</ref> Also, if the transplanted hair becomes attached to the body and grows, wudu and ghusl are correct according to Fazel Lankarani and Tabrizi.<ref>Fazel Lankarani, *Ahkam-i Bimaran va Pizishkan*, p. 166; Tabrizi, *Istifta'at-i Jadid*, vol. 2, pp. 42-43.</ref> | ||
===Cosmetic Surgery and Deception (Tadlis)=== | ===Cosmetic Surgery and Deception (Tadlis)=== | ||
Shia jurists, based on narrations, have considered matters such as tattooing the face and reddening a woman's cheeks, creating patterns on her hands and feet, attaching other women's hair to her head, and the like, to result in deception ( | Shia jurists, based on narrations, have considered matters such as tattooing the face and reddening a woman's cheeks, creating patterns on her hands and feet, attaching other women's hair to her head, and the like, to result in deception (tadlis).<ref>Hilli, *Al-Sara'ir al-Hawi li-Tahrir al-Fatawi*, vol. 2, p. 216.</ref> Therefore, according to some researchers, if one of the spouses in a marriage undergoes cosmetic surgery with the intent to deceive the other party and without their knowledge to cover up an apparent defect, deception occurs.<ref>Shariati Sarabi, *Barrasi-yi Fiqhi-Huquqi-yi Hukm-i A'mal-i Jarrahi-yi Ziba'i dar Nikah*, p. 95.</ref> | ||
A group of jurists, by distinguishing between permanent beautifications and those that are short-lived,<ref>Sabzevari, *Muhadhdhab al-Ahkam*, vol. 25, p. 143; Meshkini, *Mustalahat al-Fiqh*, p. 133.</ref> have only considered that which causes non-permanent beauty to be a cause of deception.<ref>Meshkini, *Mustalahat al-Fiqh*, p. 133.</ref> Some researchers have also stated such a distinction regarding cosmetic surgery and believe that only those cosmetic surgeries that have a temporary and non-permanent effect are instances of deception.<ref>Rahimi and Mohebpour, "Instances of Tadlis in Surgeries...," pp. 75-77.</ref> | A group of jurists, by distinguishing between permanent beautifications and those that are short-lived,<ref>Sabzevari, *Muhadhdhab al-Ahkam*, vol. 25, p. 143; Meshkini, *Mustalahat al-Fiqh*, p. 133.</ref> have only considered that which causes non-permanent beauty to be a cause of deception.<ref>Meshkini, *Mustalahat al-Fiqh*, p. 133.</ref> Some researchers have also stated such a distinction regarding cosmetic surgery and believe that only those cosmetic surgeries that have a temporary and non-permanent effect are instances of deception.<ref>Rahimi and Mohebpour, "Instances of Tadlis in Surgeries...," pp. 75-77.</ref> | ||
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===Therapeutic Cosmetic Surgery=== | ===Therapeutic Cosmetic Surgery=== | ||
Almost all Sunni jurists have permitted therapeutic-reconstructive cosmetic surgery that is necessary for a person's health.<ref>Nawawi, *Sharh Sahih Muslim*, vol. 14, p. 107; Al-Fawzan, *Al-Jiraha al-Tajmiliyya*, p. 96.</ref> These jurists have also resorted to the "No Harm" rule ( | Almost all Sunni jurists have permitted therapeutic-reconstructive cosmetic surgery that is necessary for a person's health.<ref>Nawawi, *Sharh Sahih Muslim*, vol. 14, p. 107; Al-Fawzan, *Al-Jiraha al-Tajmiliyya*, p. 96.</ref> These jurists have also resorted to the "No Harm" rule (la darar) for the permissibility of this act under such conditions; with the explanation that the persistence of a defect or a defective organ in the body causes harm, so according to the "No Harm and No Harming" principle, its removal is permissible.<ref>Al-Mahamid, "Idhn al-Zawj fi al-'Amaliyyat al-Tajmiliyya al-Tahsiniyya," p. 317.</ref> | ||
===Surgery Solely for Beauty=== | ===Surgery Solely for Beauty=== | ||
Regarding surgery solely for the purpose of beauty, there are two views in Sunni jurisprudence;<ref>Rashid 'Awda, "'Amaliyyat Tajmil al-Wajh al-Tahsiniyya," p. 11.</ref> a group of these jurists considers such surgery to be absolutely forbidden ( | Regarding surgery solely for the purpose of beauty, there are two views in Sunni jurisprudence;<ref>Rashid 'Awda, "'Amaliyyat Tajmil al-Wajh al-Tahsiniyya," p. 11.</ref> a group of these jurists considers such surgery to be absolutely forbidden (haram).<ref>Rashid 'Awda, "'Amaliyyat Tajmil al-Wajh al-Tahsiniyya," p. 11.</ref> and they have cited several reasons for this view: | ||
{{column|3}} | {{column|3}} | ||
# [[Verse prohibiting the changing of divine creation]].<ref>Quran 4:119; Rashid 'Awda, "'Amaliyyat Tajmil al-Wajh al-Tahsiniyya," p. 11.</ref> | # [[Verse prohibiting the changing of divine creation]].<ref>Quran 4:119; Rashid 'Awda, "'Amaliyyat Tajmil al-Wajh al-Tahsiniyya," p. 11.</ref> | ||
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# [[Imitation of the Disbelievers (*Tashabbuh bi al-Kuffar*)]]: In line with many narrations that forbid imitating and following the disbelievers,<ref>Bukhari, *Sahih al-Bukhari*, vol. 4, p. 170; Ibn Taymiyyah, *Iqtida' al-Sirat al-Mustaqim li-Mukhalafat Ashab al-Jahim*, vol. 1, p. 170.</ref> cosmetic surgery is considered one of the most famous manifestations of imitating the disbelievers and has been prohibited.<ref>Al-Fawzan, *Al-Jiraha al-Tajmiliyya*, p. 77.</ref> | # [[Imitation of the Disbelievers (*Tashabbuh bi al-Kuffar*)]]: In line with many narrations that forbid imitating and following the disbelievers,<ref>Bukhari, *Sahih al-Bukhari*, vol. 4, p. 170; Ibn Taymiyyah, *Iqtida' al-Sirat al-Mustaqim li-Mukhalafat Ashab al-Jahim*, vol. 1, p. 170.</ref> cosmetic surgery is considered one of the most famous manifestations of imitating the disbelievers and has been prohibited.<ref>Al-Fawzan, *Al-Jiraha al-Tajmiliyya*, p. 77.</ref> | ||
{{end}} | {{end}} | ||
Another group of Sunni jurists has opted for a detailed distinction and has only forbidden those cosmetic surgeries that are intended for deception ( | Another group of Sunni jurists has opted for a detailed distinction and has only forbidden those cosmetic surgeries that are intended for deception (tadlis) and enticement.<ref>Rashid 'Awda, "'Amaliyyat Tajmil al-Wajh al-Tahsiniyya," p. 12.</ref> | ||
==Study Resources== | ==Study Resources== | ||
{{Main|Cosmetic Surgery (Study Resources)}} | {{Main|Cosmetic Surgery (Study Resources)}} | ||
* The book " | * The book "Al-Jiraha al-Tajmiliyya: 'Ard Tibbi wa Dirasa Fiqhiyya Mufassala" by Dr. Salih ibn Muhammad ibn Salih Al-Fawzan, a professor at King Saud University in Saudi Arabia, which examines the jurisprudential ruling of each cosmetic surgery performed on the skin, hair, bone, teeth, etc., independently and argues that one cannot solely rely on general rules and existing fatwas about cosmetic surgery. | ||
* The book " | * The book "Ahkam al-Jiraha al-Tibbiyya wa al-Athar al-Mutarattiba 'Alayha" by Muhammad ibn Muhammad Al-Mukhtar al-Shinqiti, which contains the jurisprudential rulings of medical surgery based on the Quran, Sunnah, consensus, reason, and analogy. The author dedicates a section of this book to examining the jurisprudential ruling on cosmetic surgery. | ||
* The book " | * The book "Barrasi-yi Fiqhi va Huquqi-yi Hukm-i A'mal-i Jarrahi-yi Ziba'i dar Nikah" (A Jurisprudential and Legal Study of the Ruling of Cosmetic Surgeries in Marriage) by Farnoush Shariati Sarabi, written in Persian in 129 pages. In three chapters, the author examines the ruling on cosmetic surgery in marriage from the perspective of Shia jurisprudence and law. | ||
==Footnotes== | ==Footnotes== | ||