Summary of Feqh - Section 5: Rules concerning Surgeries Both Therapeutic and Cosmetic

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Section 5: Rules concerning Surgeries Both Therapeutic and Cosmetic

First topic: Surgical operations to treat or remove defects
Surgical operations may be performed to treat or remove congenital and acquired (emergency) defects. [891] Al-Nawawi said in his commentary on the hadith of Abdullah bin Mas’ood, may Allah be pleased with him, about the Prophet (blessings and peace of Allah be upon him) cursing women who do tattoos and those who have tattoos done: : (As for his saying: “The ladies who make gaps between the teeth for beauty” it means: they do that to seek beauty, and it indicates that the forbidden part is the object to seek beauty, but if she needs it for treatment or readdress a defect in the age and so on, there is nothing wrong with it. (Explanation of Al-Nawawi on Muslim) (107/14). Al-Shawkaanee said: (His saying: (except from a disease) appears to be that the prohibition is if it is for the purpose of improvement, not a disease or an ailment, because then it is not forbidden, and the apparent meaning of his saying: “The ones who change Allah’s creation” is that it is not permissible to change anything of the character that someone has) . (Neil Al-Awtar) (6/229). Ibn Uthaymeen said: (The rule in these matters is that the operation to remove the defect is permissible, and the operation to beautify is not. The evidence for that is that the Prophet (blessings and peace of Allah be upon him) cursed women who create gaps in their teeth to beautify the tooth, but he gave permission to one of the companions, may Allah be pleased with him, when his nose was afflicted and it was cut off, to take a nose of gold. The rule is: What is intended to remove a defect is permissible, and what is meant to beautify is not permissible. (Collections of Fatwas and Messages of the Uthaymeen) (17/51) and see: (Journal of the Islamic Fiqh Council) (4/179).
Evidence:
First: From the Sunnah
1. On the authority of Abdullah bin Mas’ood (may Allah be pleased with him) narrates stating, “May Allah curse the women who do tattoos, the ones who have tattoos done, the ones who pluck out hair and get it plucked, and the ones who get their teeth separated for beauty, the ones who change the creation of Allah Almighty, why should I not curse the one whom the Prophet (blessings and peace of Allah be upon him) cursed! And it is in the Book of Allah!” [892] Al-Bukhari (5948) and Muslim (2125)
The relevance:
That the prohibition is regarding when beautification is sought thereby, but what is for corrective treatment, that is permissible. [893] (Explanation of Al-Nawawi on Muslim) (14/107), (Collections of Fatwas and Messages of Al-Uthaymeen) (17/51)
2. On the authority of Abd al-Rahman bin Tarfah: His grandfather, Arfajah bin Asad, cut off his nose on the Battle of the Dogs, so he took a nose of silver, and it emitted stench on him, so the Prophet (blessings and peace of Allah be upon him) ordered him, so he took a nose of gold). [894] It was included by Abu Dawood (4232) and the wording is his, Al-Tirmidhi (1770), Al-Nasa’i (5161), and Ahmad (19006). Al-Tirmidhi said: Hassan Gharib, and Al-Nawawi classed it as hasan in (Al-Majmoo’) (1/254), and Al-Albani in (Sahih Sunan Abi Daawood) (4232)
The relevance:
That the Prophet (blessings and peace of Allah be upon him) permitted this companion, when his nose was cut off, to take a nose of gold, which indicates the permissibility of such procedures when necessary, such as wrapping the teeth with gold; [895] See: (Ma’aa’lim al-Sunan) by al-Khattaabi (4/215). and that such operations, if they are to remove a defect, then they are permissible, and if they are to increase beautification, they are not permissible. [896] (Collections of Fatwas and Messages of the Uthaymeen) (17/51)
Second: Performing surgical operations to remove defects is deemed required. Therefore, it is permissible in accordance with the general rule: the need (requirement) is reduced to the status of necessity, whether it is general or specific. [897] (Al-Ashbaah wa Al-Nazaair) by Al-Suyuti (p. 88), (Al-Ashbaah wa Al-Nazaair) by Ibn Nujaym (p. 78)
Examples of this are:
1- Orthodontics to remove a defect in it.
2- Dental implants and artificial teeth.
3- Hair transplantation; to remove the defect of baldness.
4- Removal of defective moles and birthmarks.
5- Cut off the extra organs.
6- Restore the severed body part.
7- Treatment of excessive obesity.

Second topic: Plastic surgeries

First requirement: Plastic surgeries that do not alter Allah’s creation
First branch: Piercing a girl's ear for adornment
It is permissible to pierce the ears of young girls [898] As for a boy, it is not permissible to pierce his ear, and this is the saying of most scholars. This is because it is a wound for which there was no need, and there is no religious or worldly interest in it. See: (Al-Durr Al-Mukhtar) by Al-Haskafi (6/420), (Al-Bahr Al-Ra`iq) by Ibn Nujaym (8/232), (Nihaayat Al-Muhtaj) by Al-Ramli (8/33), (‘Iyaanat at-Taalibeen) by Al-Dimiyati ( 4/199), (Tuhfat al-Mawdud bi Ahkam al-Mawlood) by Ibn al-Qayyim (p. 210), (Al-Furoo`) by Muhammad bin Muflih (1/158).. and women for the sake of adornment, [899] Likewise, more than one hole, if there is no extravagance in it. Ibn Uthaymeen said: (I am afraid that this is extravagance, for the woman that she puts more on her ears than what is usual, and Allah Almighty said: And eat and drink, and do not be extravagant, for He does not love the extravagant [Al-A’raaf: 31]. Having two piercings in one ear, then there is nothing wrong with it, but if the habit is not current, then it is reprehensible extravagance). (Monthly Meeting) No. (45). and this agrees with the four schools of jurisprudence: Hanafi, [900] (Tabyeen al-Haqaaiq) by Al-Zaila’i (6/227), and (Al-Fataawa al-Hindiyyah) (6/445). Maaliki, [901] (Sharh Al-Zurqaani on Mukhtasar Khalil) (4/374). Shafi’ee, [902] (Asnaa Al-Mataalib by Zakariya Al-Ansari with Hasahiyat Al-Ramli Al-Kabir) (4/165), (Tuhfat Al-Muhtaaj) by Al-Haytami with (Hashiyat Al-Shirwani) (9/195). and Hanbali. [903] (Al-Iqnaa) by Al-Hijjawi (1/22), (Kashshaaf Al-Qinaa) by Al-Buhootee (1/81)
Evidence:
First: from the Sunnah
On the authority of Ibn ‘Abbaas (may Allah be pleased with him) he said, “I bear witness to the Prophet (blessings and peace of Allah be upon him) - or ‘Ataa said: I bear witness to Ibn ‘Abbaas that the Messenger of Allah (blessings and peace of Allah be upon him) - went out with Bilaal, and he thought that he was not loud enough for them to listen, so he admonished them and commanded them to give alms, so the woman started giving away the earring [904] It is the one that hangs in the earlobe. See: (Lisaan Al-Arab) by Ibn Manzoor (7/374). Today, in some countries, it is called Al-Khirs, and in others, Al-Halaq. and the ring, and Bilaal kept on taking them from the edge of his garment.” [905] Al-Bukhari (98)
Second: The ear piercing has a benefit for adornment. [906] (Tabyeen al-Haqaaiq) by Al-Zaila’i (6/227)
Third: Piercing girls’ ears has been done since the time of the Prophet (blessings and peace of Allah be upon him) until our time, without objection. [907] (Tabyeen al-Haqaaiq) by Al-Zaila’i (6/227)
Second branch: Nose ring in the nose of the woman
It is permissible to hang nose ring and the likes around a woman’s nose, if it is for the purpose of adornment, and if it is the custom of the people of her country. This was stipulated by the Hanafis [908] (Footnote (Haashiyah) of Ibn Abidin) (6/420). and the Shafi’ees [909] (Tuhfat al-Muhtaaj by al-Haytami wa Hawashi al-Shirwani wa al-Abbadi) (9/195), (Nihaayat al-Muhtaaj) by al-Ramli (8/34), but they forbade nose piercing from the outset. and was stated by Ibn Uthaymeen [910] Ibn Uthaymeen said: (As for piercing the nose: I do not remember the people of knowledge talking about it, but it is mutilation and distortion of creation as we see, and perhaps others do not see that, so if the woman is in a country that considers nose piercing as an adornment and beautification, then there is nothing wrong with piercing the nose to hang a jeweller from it) . (Collections of Fatwas and Messages of the Uthaymeen) (11/137). and the Standing Committee gave a fatwa on it [911] (It came in the fatwas of the Standing Committee: (The ruling on putting the ring in the nose: It is permissible, because the piercing of the nose which is for adornment, and it is not to harm or change Allah’s creation). (Fatwas of the Standing Committee - Group One) (24/36). because it is for adornment and there is no change in Allah's creation. [912] (Fatwas of the Standing Committee - Group One) (24/36)
Second requirement: Plastic surgeries that change Allah's creation
It is not permissible to perform plastic surgeries, if they involve a change in the creation of Allah. [913] A group of scholars said that it is forbidden to adorn themselves by changing their created appearance, and these are their sayings: Ibn Battal said: (Al-Tabari said: It is not permissible for a woman to change a part of her character on which Allah created her, by adding or deleting it, to seek improvement with it for a husband or someone else, because that would alter her creation to a different form). (Explanation of Sahih Al-Bukhari) (9/167). Ibn al-Arabi said about tattoos, al-Nams, and al-Washr: (All of this is a change of character, a change of appearance, and it is forbidden). (Ahkam Al-Qur’an) (1/631). Al-Qurtubi said: (And the Mutafallijaat: the plural of the mutafallijah, and they are the ones who make gaps in their teeth, i.e.: they suffer from it until the drilled teeth return to normal, so they resort to craftsmanship. And in a book other than Muslim: (Al-Waashiraat), which is the plural of waashirah, and it is the one who sharpens her teeth, i.e.: makes them sharpened, and they are the grooves that are in the teeth of young men. An old woman does that, imitating a young woman. All these things are mentioned in the hadiths that the one who does them is cursed, and that they are among the major sins. And it was differed about the meaning for which it was forbidden, and it was said: Because it is a matter of fraud. And it was said: It was prohibited in terms of changing the creation of Allah Almighty, as Ibn Mas’ood said, and it is more correct, and it includes the first meaning. Then it was said: This what is forbidden is about what remains; Because it is a matter of changing the creation of Allah Almighty, so as for what is not permanent, such as kohl and adornment with it for women, the scholars have permitted that, such as Maalik and others.). (Tafseer al-Qurtubi) (5/393). Al-Nawawi said in his commentary on the hadith of Abdullah bin Mas’ood, may Allah be pleased with him, about the curse of the Prophet (blessings and peace of Allah be upon him), on women who have who do tattoos and women who ask for them to be done on them: (And as for his saying: (al-Mutafallijaat for beauty), it means: they do that for the sake of beauty, and it indicates that the forbidden is the effect done for the sake of beauty). (Sharh Al-Nawawi ‘alaa Muslim) (107/14). Ibn Juzzee said: (It is not permissible for a woman to commit deception by changing the creation of Allah Almighty, part of it is to connect her short hair with another long hair, and to perform washm on her face and body, and to spread her teeth, and to and perform nams). (Al-Qawaaneen al-Fiqhiyyah) (p. 293). Al-Shawkaanee said: (His saying: (except from a disease) appears to be that the aforementioned prohibition is only if it is for the purpose of improvement, not for curing a disease or ailment, as then it is not forbidden, and the apparent meaning of his saying: “Those who changes of Allah’s creation” is that it is not permissible to change anything of the character on whose attribute that character rests. ). (Nayl Al-Awtar) (6/229). Ibn Uthaymeen said in the ruling on chemicals that are used to adorn and beautify the body: (If this change is permanent, then it is forbidden, rather it is a major sin, because it is more severe in changing the creation of Allah Almighty than tattooing, and it was proven from the Prophet (blessings and peace of Allah be upon him) that he “cursed the one who joins the hair or gets the hair joined, the one who does tattoo or gets tattoo done on her,” … But if the change is not permanent, such as henna and the like, then there is nothing wrong with it. Because it wears off, it is like kohl and using red make-up on the cheeks and lips, so it is necessary to beware and warn against changing Allah’s creation). (Collections of Fatwas and Messages of Al-Uthaymeen) (17/20). He also said: (The rule in these matters: that the operation to remove the defect is permissible, and the operation to beautify is not permissible, and the evidence for that is that the Prophet (blessings and peace of Allah be upon him) cursed the women who created gaps their teeth, in order to beautify the tooth, but he gave permission to one of the companions, may Allah be pleased with him, that he can take a nose of gold. So, the rule is: that what was to remove a defect is permissible, and what was to beautify it is not permissible). (Collections of Fatwas and Messages of the Uthaymeen) (17/51). And the decision of the Islamic Fiqh Academy stated: (It is not permissible to do plastic surgery for beautification that does not enter into medical treatment, and it is intended thereby to change the essential character of the person according to the passion and desires of the imitation of the others, such as the process of changing the shape of the face to appear in a certain way, or with the intent of fraud and misleading the justice department, changing the shape of the nose, enlarging or reducing the lips, changing the shape of the eyes, and enlarging the cheeks). (Decisions and recommendations of the Islamic Fiqh Academy of the Organization of the Islamic Conference) Decision No. (173) (11/18)
Evidence:
First: from the Quran
The Almighty’s narration of a story about Satan, may Allah curse him, “And I will command them to change the creation of Allah.” (An-Nisaa: 119)

Second: From the Sunnah
1. On the authority of Abdullah bin Mas’ood (may Allah be pleased with him) narrates stating, “May Allah curse the women who do tattoos, the ones who have tattoos done, the ones who pluck out hair and get it plucked, and the ones who get their teeth separated for beauty, the ones who change the creation of Allah Almighty, why should I not curse the one whom the Prophet (blessings and peace of Allah be upon him) cursed! And it is in the Book of Allah!” [914] It has already been cited
The relevance:
His saying, “... the ones who get their teeth separated for beauty” indicates that it is not permissible to change Allah’s creation, if it is to seek beauty. [915] (Explanation of Al-Nawawi on Muslim) (14/107), (Nayl Al-Awtaar) by Al-Shawkaanee (6/229), (Collections of Fatwas and Messages of Al-Uthaymeen) (17/51)
Among the most popular forms of prohibited plastic surgery are the following:
1- Plastic surgery for nose, by making it smaller or changing its shape.
2- Plastic surgery for chin.
3- Beautifying the breasts, by reducing or enlarging them, or by inserting the silicone breast implants inside the breast cavity.
4- Otoplasty.
5- Abdominoplasty.
6- Beautifying the face by tightening its wrinkles, [916] As for using creams to remove wrinkles, there is nothing wrong with that. Because it is temporary and there is no change in Allah's creation. or by chemical peeling, or by laser, or by injection.
7- Beautifying the buttocks, tightening its skin, and refining its size according to the desired image.
8- Forearm aesthetics.
9- Beautifying the hands by tightening their wrinkles, especially for the elderly.
10- Eyebrows and eyelids beautification and lifting.
11- Beautifying the teeth by placing crystals or diamonds on them, by drilling and permanent fixation. [917] Apart from what was through temporary gluing, which can be removed manually; Because the basis in adornment is that it is permissible, except for what the evidence indicates that it is forbidden, and there is no change in the creation of Allah
12- Whitening the skin for good. [918] As for whitening it temporarily with powder or creams, there is nothing wrong with it. Ibn Uthaymeen said: (If it is a permanent bleaching, then this is not permissible, because this is like tattooing, filing the teeth, and creating gaps between them, but if it whitens the face for a specific time and if it is washed away, then there is nothing wrong with it). (Fatwas of light on the path) (11/71)
13- Lengthening the stature.
14- Cheeks and lips augmentation.