Cosmetic Surgery

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  • abstract

Cosmetic surgery is one of the new topics of medical jurisprudence been mentioned in some contemporary jurisprudence books and in response to inquiries. Most contemporary jurists are of the opinion that if cosmetic surgery has a rational purpose, it is permissible to perform it. Accrdingly, Hossein Ali Montazeri and Mohammad Fazel Lankarani considered providing beauty as one of the rational purposes, and on the other hand, Mohammad Taqi Behjat and Mohammad Ali Alavi Gorgani did not consider cosmetic surgery as permissible if it is only for the purpose of enhancing beauty. According to the jurists, if cosmetic surgery is only for the sake of beauty, it is not permissible if it requires an indecent look and touch. In the statement of the ruling on the license of cosmetic surgery, rules such as the originality of obscenity and the rule of dominance have been cited. However, the opponents of cosmetic surgery consider cosmetic surgery unlawful based on verse 119 of Surah Nesa. All contemporary Shiite jurists are of the opinion that if cosmetic surgery requires looking at and touching strangers (Na-Mahram), it is not permissible. Although the jurists have allowed cosmetic surgery by a na-mahram doctor in certain circumstances. Moreover, if cosmetic surgery requires difficulties in performing obligatory acts such as ablution and bathing, it should be avoided.

Justification of the Problem and its Importance

Cosmetic surgery (Arabic: beautifying operation (Amalyat Al-Tajmil)) is the act of beautifying, correcting, and improving the appearance of the human face or body, [1] removing excess body parts, such as excess fat and hair transplants, etc. [2] Cosmetic surgery is divided into three categories according to its goals and objectives:

  1. Functional reconstructive surgery: to remove organ defects that are vitally necessary.
  2. Reconstructive surgery: for the sole purpose of correcting or beautifying a part of the body that has an abnormal or defective appearance.
  3. Pure cosmetic surgery, to enhance and increase beauty, or sometimes because of an objective necessity (spiritual-psychological) such as increasing self-confidence or "body ugliness disorder" and resulting depression.[3]

The Significance of the Problem in Contemporary Jurisprudence

Cosmetic surgery is one of the emerging branches of medicine which jurists have mentioned in some contemporary jurisprudence books and in response to inquiries about its rulings. [4] There is no separate chapter in jurisprudence texts dedicated to cosmetic surgery, but the related issues are discussed in several chapters such as marriage, [5] or in ablution and bath related to the surgically operated part, [6] and to the rulings of opinion and na-mahram touch.[7]

History and Context of formation

Cosmetic surgery in its current form was not mentioned in the past narrative and jurisprudential books. It is one of the emerging medical issues been included in the thinking and studies of contemporary jurists in order to examine the Shariah ruling. However, Ibn Saʿd in his book Tabaqat al-Kubara narrates a tradition based on which the Prophet (PBUH) told a person named "Arfaja bin Asad bin Karb Otaredi" who lost his nose in one of the wars of the Jahili period and made a silver nose for himself. It smelled bad, so he ordered to make a gold nose and use it.[8]

Cosmetic Surgery from the Perspective Primitive Statement

Permissibility Theory as the First Commandment Ent

According to most contemporary Shiite jurists, cosmetic surgery is permissible by itself and without regard to other titles.[9] However, jurists such as Golpayegani,[10] Montazeri,[11] Fazel Lankarani,[12] Safi Golpayegani,[13] Saneʿi [14] and Nouri Hamedani [15] are of the opinion that cosmetic surgery is permissible as long as it is for rational purposes. Montazeri, Fazel Lankarani and Saneʿi have considered the provision of beauty as one of the rational goals and purposes. [16] Therefore, if a person performs cosmetic surgery for the sake of fame and showing off, or because of jealousy, his / her operation will not be subject to the ruling of permission. [17] The license of surgery. Beauty is documented by the following evidence: [18]

Authenticity Permissibility (Isalat Al-Ebaha)

If a jurist doubts whether something is permissible (halal) or forbidden (haram), and after searching and studying, s/he does not find a Shariah reason for its sanctity, he puts the principle on its blasphemy or non-sanctity.[19] Therefore, since there is no Shariah reason like verse, narration it is not a rational reason and consensus on the sacredness of cosmetic surgery, the principle is on its permissibility and inviolability.

The Rule of Dominance

According to the rule of domination (which jurists consider to be valid by referring to the Qur'an and hadiths, the way of thinking and consensus), every owner has full control over his/ her property [20] and some jurists such as Imam Khomeini and Momen Qomi generalized this rule to the law and population and considered the control of a person over himself and his body parts as subject to this rule. [21] Accordingly, if there is no Shariah prohibition, a person can take possession of his/ her body and perform cosmetic surgery for himself/ herself.[22]

The Theory of Sanctity as the First commandment

Mohammad Taqi Bahjat, one of the contemporary jurists, is of the opinion that if cosmetic surgery is purely for beauty, it is an obligatory precaution to avoid it. [23] Mohammad Ali Alavi Gorgani also rejected the permissibility of nose surgery in general in response to an inquiry about the Shari'a ruling of nose surgery for the purpose of beauty. [24] The reason mentioned for opposing cosmetic surgery is the verse of change of creation: [25]

The verse of Change of Creation

Cosmetic surgery is a kind of change in God's creation and according to the verse, I command them to change God's creation" [26] Changing God's creation is one of Satan's temptations and commands and is forbidden, so cosmetic surgery is prohibited and forbidden (haram). On the other hand, Nasser Makarem Shirazi is of the opinion that, firstly, in this case, many actions such as surgery to separate the extra finger, surgery to separate conjoined twins should be considered forbidden (haram), while none of them are haram.[27] Secondly. The verse is related to monotheism and polytheism, and the meaning of "God's creation" in this verse is nature; that is, I tempt people to turn Allah's nature into disbelief.[28]

Traditions

One of the reasons for the sanctity of cosmetic surgery is the traditions that forbid changes in human appearance; like the narration narrated by Sheikh Sadiq from Imam Sadiq (a.s.), in which the Prophet cursed several groups of women. Among them are the women who cut another woman's facial hair, shave another woman's teeth, attach one woman's hair to another woman's head, tattoo another woman's face and body, and women who are subjected to these acts [29]. ] However, some contemporary Shiite jurists, such as Seyyed Abul Qasim Khoei and Seyyed Taqi Tabatabai Qomi, have considered this narration as a weak document.[30]

According to Sheikh Ansari and Khoei, the application of some hadiths [31] indicates the permissibility of attaching the hair of a woman's head to the head of another woman[32]. According to Sheikh Ansari, the other cases mentioned in the narration are condemned to hatred, considering the unity of the context and also considering the traditions that considered the absolute permissible of adornment for women.[34]

The Validity of Prohibition( Esalat Al-Hadhar)

Nasser Makarem Shirazi has criticized it by pointing out that it may be thought that cosmetic surgery is flawed by citing the impermissibility of occupying God's property. According to this view, on the one hand, cosmetic surgery is considered a type of possession of the body, which is the property of God, and, on the other hand, no permission has been given for this type of possession, so cosmetic surgery is not permissible. [35] According to Makarem Shirazi, firstly, according to verse 29 of Surah Al-Baqarah, [note 1] God created all the creatures of the earth for man, and man can take possession of it, unless there is a Shariah reason for prohibiting this occupation.[36] ] Secondly, on the premise of accepting that everything and even the human body is the property of God and should not be seized without His permission, for this seizure, according to the Sharia rule, " Everything is permissible (halal) for you until you know that it is absolutely forbidden ( haram)[37].The lawgiver should give the permission. [38] According to this rule, since we do not have any knowledge about the sanctity of cosmetic surgery, then this operation is condemned to be permissible.

Cosmetic Surgery from the Perspective of Second Commandment

The second commandment about cosmetic surgery can be reviewed in several cases:

Cosmetic surgery in case of emergency

According to all contemporary jurists, if there is a necessity and emergency for cosmetic surgery, even if the doctor is na-mahram (stranger), its operation is permissible.[39] If cosmetic surgery is only for improving beauty, it does not reach the level of emergency and only when the aspect to have restorative and therapeutic treatment, such as treatment of burns or skin tears, or cases of this kind that there is no other way to do it for the health of the body and mind, it is an emergency and it is permissible from the point of view of jurisprudence. [40] However, Hossein Ali Montazeri states that although cosmetic surgery is not effective in the health of the patient's body, but its non-implementation may cause intolerable mental illness.[41]

Cosmetic surgery in case of damage

Jurisprudents such as Seyyed Ruhollah Khomeini,[42] Safi Golpayegani,[43] Makarem Shirazi[44] and Khamenei[45] are of the opinion that if cosmetic surgery causes appreciable harm to a person, it is not permissible according to the provisions of the "harmless" rule.

Effects and Necessities

The effects and necessities that are involved in cosmetic surgery are as follows:

Seeking to have a forbidden look and touch

According to all contemporary Shiite jurists, if cosmetic surgery requires looking at and touching a stranger (for both the patient and the doctor), it is not permissible. Cosmetic surgery for the purpose of treatment and repair of damaged body parts, such as burns or injuries is permissible:

  • Therefore, if this work is only for beauty, it is not permissible for the strangers to look at and touch the body.[47]Cosmetic, reconstructive and therapeutic surgery, even if the doctor is not of the same sex are permissible.[48]
  • If the surgery has a therapeutic aspect and it is necessary to perform it and there is a same-sex doctor available, but a non-same-sex doctor is more skilled in surgery, according to the opinion of jurists such as Sheikh Javad Tabrizi, it is possible to refer to a non-same-sex doctor who is more skilled than a same-sex one.. [49]
  • Evidence and the document of this point of view is a Sahih of Abu Hamzah Samali quoted from Imam Baqir (AS). It is preferable to refer to a more competent doctor, even if he is not mahram, but if there is no fear of haram or danger, one should refer to a doctor of the same sex.[51]

Ablution and Bathing the operated Part

Some of the rulings related to ablution and bathing of the operated parts are as follows: There is an obstacle on the organs of ablution and bathing. According to Seyyed Abolqasem Khoei, cosmetic surgery is permissible on a person who does not have any defects or ugliness on the face and who is undergoing surgery to become more beautiful, but materials that stick to the skin and prevent water from reaching the body during ablution and bathing should not be used. [52] According to Hossein Ali Montazeri and Sheikh Javad Tabrizi, if cosmetic surgery requires not performing obligatory acts such as ablution and bathing, it should be avoided. [53]

Ablution and Bathing the Operated Parts

According to jurists, if the surgical part is open and the water is not harmful to it, it should be performed ablution and bathing as usual. On the other hand, if the surgical part is closed and the water is harmful to it, it should be performed ablution. Also, if the transplanted hair is attached to the body and grows, ablution and bathing are correct according to Fazel Lankarani and Tabrizi.[55]

Cosmetic Surgery and Hypocrisy (Tadlis)

According to the traditions, Shiite jurists have considered things like tattooing a woman's face and blushing her cheeks, creating patterns on her hands and feet, attaching the hair of other women to her head, and the like as the cause of hypocrisy (tadlis) [56]. Some researchers believe that if one of the couples in marriage, with the intention of deceiving the other party and without his knowledge, performs cosmetic surgery to cover up his appearance defect, it is considered as hypocrisy (tadlis).[57]

By distinguishing between lasting beautifications, and fast-fading cases, [58] a group of jurists have considered only that which causes non-permanent beauty to be a source of refinement. [59] Some researchers have made such a distinction about cosmetic surgery as well, and they believe that only those types of cosmetic surgery is an example of hypocrisy (tadlis) that has a temporary and non-permanent effect. [60]

Sunni Jurisprudence

Many Sunni jurists have distinguished between two types of surgery; Surgery purely for beauty, or cosmetic surgery in the direction of treatment or repair. [61]

Therapeutic cosmetic surgery

Almost all Sunni jurisprudents have deemed it permissible to perform cosmetic surgery that is necessary for a person's health. [62] These jurisprudents have also insisted on the rule of harmlessness for the permissibility of this practice in such circumstances. By stating that the existence of a defect or a defective part in the body causes harm, then according to the provisions of rule of the prohibition of detriment it is permissible to remove it. [63] ===Surgery pureThere are two views in Sunni jurisprudence regarding surgery only for cosmetic purposes.[64] Some of them consider such surgery as absolutely forbidden (haram)[65] and they have cited several reasons:

  1. The Verse Forbidding to Change the God’s Creation [66]
  2. Traditions in which things like "pulling facial hair", "attaching human hair to other human head hair", "tattooing", "burnishing teeth" and such works which are only for beauty, are considered changes in God's creation and. The perpetrator of these actions is cursed.[67] According to these jurists, the word "curse" in these traditions indicates sanctity.[68]
  3. Seeking Similarity to Infidels:

Because the overall cause is between "pulling out facial hair", "attaching human hair to other human head hair" and the like, "seeking beauty" and "change in God's creation" and this comprehensive aspect in surgery exists only for beauty. It has.

  1. Similarity to infidels

In line with many traditions that forbid simulating and following infidels, [70] cosmetic surgery is considered one of the most famous manifestations of infidelity and has been banned.[71]

Another group of Sunni jurists have given importance to detail and have considered only those types of cosmetic surgeries as forbidden (haram) that are intended for refinement and exaggeration. [72]

Main article: Cosmetic surgery

  • The book "Al-Jarhariyah Al-Tajmailiya: Medical overview and detailed jurisprudential study" written by Dr. Saleh bin Mohammad bin Saleh Al-Fouzan, one of the professors of "King Saud" University of Saudi Arabia, which separates and examines various cosmetic surgeries that are performed on the skin, hair, bones, teeth, etc. has examined independently the jurisprudence ruling of them and is of the opinion that it is not possible to be satisfied with the existing general rules and fatwas about cosmetic surgery.
  • The book "The Laws of Medical Surgery and its Related Effects" written by Mohammad bin Mohammad Al-Mukhtar al-Shanqiti which contains jurisprudential rules of medical surgery based on the Qur'an, Sunnah, consensus, reason and logic. In this book, the author has devoted a part to the examination of the jurisprudence of cosmetic surgery.
  • The book "Jurisprudential and legal review of the ruling on cosmetic surgery in marriage" written by Farnoush Shariati Sarabi, written in Persian and on 129 pages, and the author has examined the ruling on cosmetic surgery in marriage in three chapters from the perspective of Shiite jurisprudence and law.

refrences

  1. Institute of Islamic Jurisprudence Encyclopedia, Persian Jurisprudence, vol.3, p.69.
  2. Al-Mahamid, "Ezn Al-Zouj Al-Tajmiliyyah Tahasiniyyah", p. 315.
  3. Kalhornia Golkar and others, "Jurisprudential-legal examination of the basis and scope of prescribing cosmetic and reconstructive surgeries", p. 79; Mesri, Islamic and legal considerations of cosmetic surgery, p. 23.
  4. Institute of Islamic Jurisprudence Encyclopedia, Persian Jurisprudence, vol.3, p.69.
  5. Sefati and Kazemi, "Cosmetic surgery from the perspective of jurisprudence", p. 22.
  6. Tabrizi, Serat al-Najat fi Ajvab al-Esteftataat, vol. 7, p. 218.
  7. Makarem Shirazi, New Esteftataat, vol. 1, p. 479.
  8. Ibn Saʿd, Tabaqat al-Kubara, vol. 7, p. 32.
  9. For example, look at Khouei and Tabrizi, The Comprehensive Laws of Medical Issues, p. 368; Montazeri, Resale Esteftaat, Vol. 2, p. 352; Safi Golpayegani, medical inquiries, p. 265; Khamenei, Ajvab al-Esteftaat, Vol. 2, p. 78; Rouhani, Esteftaat, Vol. 4, p. 234.
  10. Golpayegani, Ershad al-Sael, p. 17.
  11. Montazeri, medical rulings, p. 138.
  12. Lankarani, rulings of patients and doctors, p. 134.
  13. Safi Golpayegani, medical inquiries, pp. 265-269.
  14. Saneʿi, medical inquiries, p. 45.
  15. Nouri Hamedani, One thousand and one inquiriess, vol. 1, p. 241.
  16. Montazeri, medical rulings, p. 138; Fazel Lankarani, the rulings of patients and doctors, p. 134; Saneyi, medical inquiries, p. 45.
  17. Sefati and Kazemi, "Cosmetic surgery from the perspective of jurisprudence", p. 29.
  18. Sefati and Kazemi, "Cosmetic surgery from the perspective of jurisprudence", p. 26.
  19. Valai, Annotative Dictionary of Osoul Terms, p. 72.
  20. Mohaqeq Damad, Jurisprudence Rules, Vol. 1, p. 227.
  21. Khomeini, Ketab al-Bai, vol. 1, pp. 41-42; Momen Qomi, Words of Sadidah, pp. 163-164.
  22. Sefati and Kazemi, "Cosmetic surgery from the perspective of jurisprudence", pp. 27-28.
  23. Qasemi, Encyclopaedia of Medical Jurisprudence, Vol. 2, p. 195.
  24. Alavi Gorgani, medical inquiries, p. 117.
  25. Sefati and Kazemi, "Cosmetic surgery from the perspective of jurisprudence", pp. 30-32.
  26. Surah Nesa, verse 119.
  27. Makarem Shirazi, Ketab al-Nekah, vol. 2, p. 133.
  28. Makarem Shirazi, Ketab al-Nekah, vol. 2, p. 133.
  29. Sheikh Sadouq, Ma'ani al-Akhbar, p. 250.
  30. Tawhidi, Mesbah al-Fiqahah, vol. 1, p. 204; Tabatabaei Qomi, Imaada al-Matalib fi al-Tal-eeq Ali al-Makasab, vol. 1, p. 157.
  31. For example, see Har Ameli, Wasal al-Shi'a, vol. 17, p. 132.
  32. Tawhidi, Misbah al-Fiqahah, vol. 1, p. 202.
  33. Sheikh Ansari, Ketab al-Makasab, vol. 1, pp. 168-169; Tawhidi, Misbah al-Fiqahah, vol. 1, p. 203; Yaqoubi Esfahani, Al-Mahwah fi Tahrir Haqam al-Makasab, p. 311.
  34. Sheikh Ansari, Ketab al-Makasib, vol. 1, p. 169.
  35. Makarem Shirazi, Ketab al-Nekah, vol. 2, p. 132.
  36. Makarem Shirazi, Ketab al-Nekah, vol. 2, p. 132.
  37. Koleyni, Al-Kafi, vol. 10, p. 542.
  38. Makarem Shirazi, Ketab al-Nekah, vol. 2, p. 132; Rajaee Al-Mousavi, Minhaj al-Osoul, Vol. 2, p. 37.
  39. For example, see Montazeri, Resale Esteftaat, Vol. 2, p. 352; Makarem Shirazi, New Esteftaat, vol. 1, p. 479; Khamenei, Answers to Al-Estiftaat, Vol. 2, p. 81.
  40. Qasemi, Encyclopedia of Medical Jurisprudence, vol. 2, p. 191; Sefati and Kazemi, "Cosmetic surgery from the perspective of jurisprudence", p.35.
  41. Montazeri, Resale Esteftaat, Vol. 3, p. 337.
  42. Qasemi, Encyclopaedia of Medical Jurisprudence, Vol. 2, p. 189.
  43. Safi Golpayegani, medical inquiries, p. 268.
  44. "Order of cosmetic surgery", website of the information base of the office of Grand Ayatollah Makarem Shirazi.
  45. "Miscellaneous medical issues: new inquiries", website of the Office of the Preservation and Publication of the Works of Ayatollah Grand Ayatollah Khamenei.
  46. For example, look at Khouei, Tabrizi, comprehensive rulings on medical issues, p. 368; Safi Golpayegani, medical inquiries, p. 268; Makarem Shirazi, Eftataat New, pp. 478-479; Khamenei, Answers to Al-Estiftaat, Vol. 2, p. 81.
  47. Khamenei, Answers to Al-Estiftaat, Vol. 2, p. 81.
  48. Montazeri, Resale Esteftaat, 1373, vol.3, pp. 337-338; Makarem Shirazi, Eftataat New, p. 479.
  49. Tabrizi, Sarat al-Najat fi Ajvab al-Istftataat, vol. 7, p. 232.
  50. Qasemi, Encyclopedia of Medical Jurisprudence, Vol. 2, p. 188.
  51. Makarem Shirazi, New Esteftaat, vol. 2, p. 597.
  52. Khoei, Tabrizi, Shari'i rulings for women, p.388.
  53. Montazeri, Resale Eftataat, Vol. 2, p. 352; Tabrizi, Sarat al-Najat, vol. 7, p. 218.
  54. Khomeini, Exegesis of Al-Masal, pp. 42-43; Fazel Lankarani, Taqf al-Masal, p. 59; Vahid Khorasani, Taqf al-Masal, p. 249.
  55. Fazel Lankarani, the rulings of patients and doctors, p. 166; Tabrizi, New Esteftaat, Vol. 2, pp. 42-43.
  56. Hali, Al-Sara'er al-Hawi for Tahrir al-Fatawi, vol. 2, p. 216.
  57. Shariati Sarabi, jurisprudential review of the ruling on cosmetic surgery in marriage, p. 95.
  58. Sabzevari, Mohezzab Al-Ahkam, vol. 25, p. 143; Meshkini, Terms of jurisprudence, p. 133.
  59. Meshkini, Terms of jurisprudence, p. 133.
  60. Rahimi and Mohebpour, "Examples of Hypocrisy (tadlis) in surgeries...", pp. 75-77.
  61. Rashid Odeh, "Operations to beautify the face", p. 8.
  62. Nawi, Sahih Sahih Muslim, vol. 14, p. 107; Al-Fawzan, Al-Jararah Al-Tajmailiyyah, p. 96.
  63. Al-Mohamid, "Ezn Al-Zoj Al-amalyyat Al-tajmylyyah Al-Tahsynyyah", p. 317.
  64. Rashid Odeh, " Operations to beautify the face ", p. 11.
  65. Rashid Odeh, " Operations to beautify the face ", p. 11.
  66. Surah Nesa, verse 119; Rashid Odeh, "Facial beautification operations", p. 11.
  67. For example, see Bukhari, Sahih al-Bukhari, vol. 7, pp. 164-166.
  68. Al-Mohamid, "Ezn al-Zoj Al-Tajmiliyyah Tahasiniyyah", p. 317.
  69. Al-Mukhtar al-Shanqiti, the rulings of al-Jarrah al-Tabi and its associated effects, p. 195; Rashid Odeh, " Operations to beautify the face ", p. 12.
  70. Bukhari, Sahih al-Bukhari, vol. 4, p. 170; Ibn Taymiyyah, the necessity of the straight path to oppose the Companions of Hell, Vol. 1, p. 170.
  71. Al-Fawzan, Al-Jarahah Al-Tajmailiyyah, p. 77.
  72. Rashid Odeh, " Operations to beautify the face ", p. 12.

notes

He is the God who created all the creatures of the earth for you.

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