Name: Nurul Hidayah Binti Hamzah
Student ID: 2020471264
Group: LWB02J
Issue:
Whether Wardah’s plans to do cosmetic surgery is in line with Maqasid Syariah?
Law:
Cosmetic surgery is not permissible when the purpose of this procedure is to take a normal
body structure and improve it to make it look better and improve the person’s self-esteem or
appear more attractive; for example, breast augmentation, tummy tucks (abdominoplasty), face
lifts, etc. This kind of surgery has been condemned in the Qur’an and Hadith as it entails
interfering with the natural way God has created a person without a valid reason. The intention
behind these types of surgeries is just seeking beautification, which does not stand alone as a
suitable reason for permitting them. Rather, intending mere beautification was the reason for
the cursing by the Prophet (PBUH) of those women, who pluck their eyebrows and file their
teeth for the purpose of beautification and change the creation of God”. Therefore, it is unlawful
for a Muslim surgeon to carry out surgery in order to merely make someone look better or to
improve their appearance.
However, contemporary Muslim scholars seem to be in agreement that a plastic surgery is
allowed when there when there is a real necessity or need, such as removing congenital defects
or to treat defects caused by sickness, traffic accidents and burns. This view applies to the
reconstructive plastic surgery. This ruling was deduced from the incident where the Prophet
(Peace be upon Him) allowed a companion called Arfajah ibn Saad, whose nose was cut in a
battle, to wear a nose made of gold. Besides, conducting such surgeries is not intended to what
is termed as “taghyir khalq Allah” (changing God’s creation), which is the essential factor why
many scholars forbid many types of modern plastic surgeries. In reality, the main reason for
allowing such surgeries. In reality, the main reason for allowing such surgeries is to remove
harm, and relieve the person concerned from physical and psychological suffering.
Medical intervention is justified on the basic principle is that injury, if it occurs, should be
relieved. An injury should not be relieved by a medical procedure that leads to an injury of the
same magnitude as a side effect and this will be decided by trustworthy specialist. This issue
comes under the ruling which says: (an injury should not be removed by another injury). The
desire to undertake plastic surgery arises out of dissatisfaction with defects and the associated
embarrassing appearance. Thus, technology to remove or correct defects is not opposing or
changing God’s creation.
The purpose of surgery on congenital malformations is restoration of the normal appearance,
to relieve psychological pressure or embarrassment, and restore function. These purposes do
not involve change of “fitra” (primordial human nature) but restoration to its state before the
injury. Adding on, the law undergoing aesthetic treatments and plastic surgery on the Islamic
side by the Mesyuarat Jawatankuasa Fatwa Negeri Selangor on the 11 August 2015 submitted
that it is a must to undergo aesthetic treatments and plastic surgery on the Islamic side if there
will not bring any disadvantage to the health and it does not change the creation of Allah.
Application:
Considering the fundamental values under Maqasid Syariah for this case, first is under the
protection of al-din. In which under the protection of al-din, cosmetic surgery planned by
Wardah is done under the feeling dissatisfaction with defects from the accident that her cheek
bone to bent inward hence it is not done for the purpose of merely seeking beautification by
changing Allah’s creation. Based on the Surah At-Tin (95:4) states “Indeed, We created
humans in the best form.” In which means, having the surgery does not change the creation of
Allah if it is needed to restore her normal appearances. Furthermore, based on Mesyuarat
Jawatankuasa Fatwa Negeri Selangor, by law Wardah can take the surgery if does not bring
harm to her health as common cosmetic surgery does as it will lead to blood loss, infection and
nerve damage according to Dr. Catherine Hannan who is a plastic surgeon at a VA Hospital.
Moving on, to the protection of al-nafs, where Wardah had face depression when she
encountered the accident because of the multiple facial structures she had. Undergoing the
surgery for the restoration of her normal appearance in order to relieve from any psychological
pressure or embarrassment would means the surgery does comply under al-nafs. This is
because it would protect her life from mental illness due to her embarrassment if she does not
undergo surgery for her cheekbone. Referring to Surah al-Isra’ (17):33 states “Nor take life
which Allah has made sacred except for just cause. And if anyone is slain wrongfully, we have
given his heir authority (to demand Qisas or to forgive) but let him not exceed bounds in the
matter of taking life for he is helped (by the law).” This indicates, the law provides fairness and
if the law states plastic surgery is doable, hence it is fair for Wardah to undergo it is for the
sake of her life.
Moving on, this case also complies to the protection of al-aql, as protection of the mind
requires keeping it safe from anything that might harm the ability and function of brain. As
stated, Surah al-Maidah:90 “O you who believe! Intoxicants (in all forms), gambling, al-ansab
and al-azlam (arrows for seeking luck or decision) are an abomination of Shaitan’s (Satan)
handiwork. So avoid (strictly all) that abomination in order that you may be successful.” In this
case, intoxicants in the form of embarrassment or slander from the public due to Wardah’s
defect may inflict badly on her if she does not undergo the surgery as based on the facts, she
had face depression because of it thus, in order to protect the ability and normal function of her
brain, the surgery may help her protect her mind from the pressure of the public.
Conclusion
Therefore, Wardah can undergo the surgery as it does comply with the fundamental values
under the Maqasid Syariah.
