جستجوی مقالات مرتبط با کلیدواژه « زیبایی » در نشریات گروه « فقه و حقوق »

Guarantee confirmation in case of damage to the beauty of individuals as well as elimination of the secondary function of the body members, has its own complexity and has not received much share of jurisprudence literature. The acceptance of this view is subject to the examination of jurisprudential sources and the finding of unity of criteria in similar cases. In jurisprudence and related contexts, one may not directly find the verdict of the issue in question; however, there are also some narrations that can provide insights into this issue to reach an acceptable conclusion. This research, based on the traditional Islamic law and related narrations and Fatwas, attempts to provide a solution according to the jurisprudential rules for entering two categories of beauty of individuals and the secondary function of the body members into the vast context of guarantee (blood money-cubit).

The science of plastic surgery is one of the achievements of the modern medical science which has two branches, cosmetic surgery and reconstructive plastic surgery. The pivotal question of this research revolves around the jurisprudential reasons for the unlawfulness of cosmetic surgery. It has been proved, after studying and scrutinizing all the associated arguments concerning prohibition, that cosmetic surgery does not lead to a change in the principal human creation because the reason for prohibition of creating a change hold good when the change is metamorphic in the sense that when something new that is opposed to divine creation is created it would lead to legislation in the religion. Additionally, some scholars are of the view that cosmetic surgery is forbidden because it causes one to exit and relinquish the upright religion. This view is uncorroborated and does not seem strong enough to challenge the permissibility of cosmetic surgery. As well, the claim that dying or coloring the original human being is forbidden through cosmetic surgery is also not correct because the term “divine coloring” in the verse 138 of chapter al-Baqarah refers to sincerity, faith and Islam which everyone is bound to follow so that no division or schism ever takes place in the religion. Therefore, this verse does not refer to physical change so that it could be used to prove the prohibition of cosmetic surgery.