Volume 19, Issue 60 (4-2025)
MLJ 2025, 19(60): 660-674 |
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Pourjam N, Ayati S M R, Arabian A. Investigating the Legitimacy of Cosmetic Surgery from the
Point of View of Jurisprudence and Law. MLJ 2025; 19 (60) :660-674
URL: http://ijmedicallaw.ir/article-1-1746-en.html
URL: http://ijmedicallaw.ir/article-1-1746-en.html
1- Department of Jurisprudence and Fundamentals of Islamic Law, Faculty of Theology, Law and Political Sciences, Research Sciences Unit, Islamic Azad University, Tehran, Iran.
Abstract:
Background and Aim: Cosmetic surgery as a method of correcting and improving the appearance of the face and body is one of the new achievements of medical science, which is developing every day with new methods and forms due to the advancement of technology and human knowledge. and on the other hand, due to the sense of the beauty of friendship and human perfectionism and in line with the change and evolution of the material and spiritual needs of man in adapting to the requirements of the time, it has met with great success. This is while the proliferation and diversity of new achievements in the field of cosmetic surgery, considering the specific features of some types and the different goals of applicants, have led to numerous challenges and legal ambiguities that require the presentation of legitimate foundations, the scope of authorization and its specific provisions.
Method: This article is written in a descriptive-analytical way, in a library format, with the tool of scanning books, articles, laws and analytical review of findings.
Ethical Considerations: Scientific honesty and trustworthiness have been observed in all parts of the present research.
Results: Who are the reference for this research, it has been determined that the legitimacy of cosmetic surgery is a controversial issue, with some considering it forbidden (haram), some permissible (mubah) and others holding detailed opinions. There is no specific legal prohibition in the relevant laws and only articles 158 and 495 to 497 of the Islamic Penal Code generally refer to the limits of the criminal responsibility of the doctor, which means that if the surgery is legitimate and the technical, scientific standards and government systems are met, it means It is permissible to do it.
Conclusion: By examining the jurisprudential evidence and legal foundations, it is concluded that by adopting the ownership approach, accepting the theory of conditional human authority and control, it will be possible to respond to the requirements of new medical advancements and emerging issues in the field of jurisprudence and law. Based on this, two criteria for the legitimacy of cosmetic surgery have been presented: first, that the performed procedure has a rational function; second, that the actions taken do not cause harm or damage.
Please cite this article as:
Pourjam N, Ayati SMR, Arabian A. Investigating the Legitimacy of Cosmetic Surgery from the Point of View of Jurisprudence and Law. Medical Law Journal. 2025; 19: e44.
Method: This article is written in a descriptive-analytical way, in a library format, with the tool of scanning books, articles, laws and analytical review of findings.
Ethical Considerations: Scientific honesty and trustworthiness have been observed in all parts of the present research.
Results: Who are the reference for this research, it has been determined that the legitimacy of cosmetic surgery is a controversial issue, with some considering it forbidden (haram), some permissible (mubah) and others holding detailed opinions. There is no specific legal prohibition in the relevant laws and only articles 158 and 495 to 497 of the Islamic Penal Code generally refer to the limits of the criminal responsibility of the doctor, which means that if the surgery is legitimate and the technical, scientific standards and government systems are met, it means It is permissible to do it.
Conclusion: By examining the jurisprudential evidence and legal foundations, it is concluded that by adopting the ownership approach, accepting the theory of conditional human authority and control, it will be possible to respond to the requirements of new medical advancements and emerging issues in the field of jurisprudence and law. Based on this, two criteria for the legitimacy of cosmetic surgery have been presented: first, that the performed procedure has a rational function; second, that the actions taken do not cause harm or damage.
Please cite this article as:
Pourjam N, Ayati SMR, Arabian A. Investigating the Legitimacy of Cosmetic Surgery from the Point of View of Jurisprudence and Law. Medical Law Journal. 2025; 19: e44.
Type of Study: Original Article |
Received: 2024/08/3 | Accepted: 2024/12/3
Received: 2024/08/3 | Accepted: 2024/12/3
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