تطبيقات القواعد الفقهية على الجراحة التجميلية ـــ قاعدتي "درء المفاسد مقدم على جلب المصالح" و"الضرورات تبيح المحظورات" أنموذجا
The Application of Jurisprudential Rules to Cosmetic Surgery – Two Legal Maxims "preventing mischiefs is better than bringing benefits" and "necessities overrule prohibitions" as Examples-
DOI:
https://doi.org/10.52541/adal.v58i4.3131Keywords:
Islamic Law, beautification, Plastic Surgery, Legal Maxims, medical IssuesAbstract
This research addresses a significant contemporary discourse surrounding the influence of jurisprudence on medical matters, particularly those about accidents and, more specifically, medical interventions on the human body. While such interventions are not novel to our era, tracing their roots back to ancient practices such as nose and teeth implants, advancements in science have enabled a considerable enhancement in altering, removing, or correcting organ structures, commonly referred to as plastic surgeries. This study seeks to elucidate the application of certain legal principles to plastic surgeries, specifically those encapsulated in the doctrines of "preventing mischiefs is better than bringing benefits" and "necessities overrule prohibitions." It aims to underscore the execution of these principles in the realm of plastic surgeries, delineating their impact and benefits, and emphasizing the imperative consideration of these principles by medical practitioners and their clientele before undertaking such procedures.
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