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Presentation by Professor Omar Hasan
Kasule Sr. at the Muslim Health Professionals Ramadhan Seminar Mombasa August
3, 2013
THE CONCEPT OF CHANGE OF
ALLAH’S CREATION
The Qur’an mentions stability of
creation (30:30) and stability of Allah’s laws (35:43). The unchanging creation
mentioned is constancy of the laws that govern the universe, sunan, as expounded in the Qur’an
(35:43). Change is allowed if it follows the Laws. Any changes that do not
follow these laws are repudiated. Desire to undertake reconstructive or
cosmetic surgery arises out of dissatisfaction with defects and the associated
embarrassing appearance. The defects
are due to injuries that according to the principle of injury must be removed.
Thus technology to remove or correct defects is not opposing or denying Allah’s
creation. A serious issue of ‘aqidat
would arise if a human were to be dissatisfied with Allah’s primary creation
because it is optimal and perfect. Humans cannot conceptualize a better
creation that they then prefer. Deliberate effort to change Allah’s primary
creation without valid reasons is due to shaitan.
There is risk in tampering with fitra
without following the sunan.
BEAUTIFICATION
Allah made humans in a perfect image. He however also allowed them to
enhance their physical appearance by wearing clothes, using perfumes. These
measures improve appearance do not change fitra.
Humans in disobedience undertake other forms of beautification that change
basic fitra or do not follow the sunan. Prohibited procedures are
tattooing, shortening teeth, widening gaps between teeth, and plucking
eyebrows. Circumcision is an allowed procedure although it involves change of fitra. Male circumcision is mustahabb
and is recommended on hygienic grounds. Opinions differ about female
circumcision. Fraudulent procedures that are prohibited are wearing wigs,
dyeing hair to hide age, and hymenal reconstruction. There are other forms of
beautification. Increasing body weight and changing body shape by dieting is
common and was practiced by women at the time of the prophet without objection.
RECONSTRUCTIVE / RESTORATIVE
SURGERY
Reconstructive/restorative
surgery is carried out to correct natural deformities, deformities due to
disease, and deformities due to complications of disease treatment.
Malformations may be congenital or acquired. The distinction is not important
because many of the congenital malformations are due to environmental factors
operating in utero. The purposes of surgery on congenital malformations are:
restoration of the normal appearance to relieve psychological pressure &
embarrassment and restore function. These purposes do not involve change of fitra but restoration of fitra to its state before the injury.
Similarly restorative surgery for deformities due to disease or treatment does
not involve change of fitra since
they are returning to the normal. Surgery for hiding identity of a witness is
allowed. A surgical operation to reveal the true gender of an apparent
hermaphrodite is not change of fitra
but an attempt to restore fitra
altered by hormonal or chromosomal damage. Such operations have another
objective of trying to preserve or restore the reproductive function.
COSMETIC SURGERY
Cosmetic surgery has a sole
purpose of enhancing beauty with no medical or surgical indication. It can
fulfill the purpose of preserving progeny, hifdh al nasl, if carried out
for beautification in order to find a marriage partner. Expensive cosmetic
surgery violates the purpose of preserving wealth, hifdh al maal. It
violated the principle of preservation of religion, hifdh al ddiin if carried out with the belief that Allah’s
creation was ugly. Under the principle of motive, qasd, we look
at each individual case of cosmetic surgery and judge it based on the
intention. As mentioned above a simple cosmetic surgery operation may lead to
the noble purpose of marriage. We however must consider the benefits of
cosmetic surgery against its harm under the principle of injury. The Law gives priority
to prevention of injury over accruing a benefit. The principle of hardship
cannot be applied to cosmetic surgery because there is no life-threatening
situation necessity to justify putting aside normal prohibitions. Pursuit of
beauty is not necessary for life and good health. Beauty is in any case a
nebulous intangible entity that is very subjective.