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Volume :5 Issue : 10 1988      Add To Cart                                                                    Download

HYMENOPLASBY IN SHARI’A

Auther : By: Muhammad Na’eem Yasin

HYMENOPLASBY IN SHARI’A

By: Muhammad Na’eem Yasin

Faculty of Shari’a,

Kuwait University.

 

This study aims at identifying the legal judgment (Al-Hukm-Al-Shar’i) of hymenoplas or the surgical operation of patching a virgin’s maidenhead.

Extracting a legal judgment lies in the realm of diligence and assuidity ‘ljtihad’ since this operation has been recently introduced and has not been dealt with in Shari’a and jurists have not touched upon it.

The writer of his research paper has extracted the judgment for hymenoplasby on the basis of the advantages and disadvantages of the consequences of the operation which may prevent surgeons from operating.

Those advantages and disadvantages are weighed with the Islamic teachings of (a) concealing the faults of others, (b) not to be suspicious of others, (c) protection from suspicion, (d) protection of the family, (e) encouraging repentence, (f) following the path of chastity, (g) fighting deceit, fraud, shaming others and committing evil deeds, (h) equality of men and women according to Islamic law.

The study concludes by giving permission to the Muslim surgeon to perform the operation but under certain conditions and with certain restriction.

The study also specifies the situations in which the surgeon is recommended to perform hymenoplasby.

 

 

 

 

 

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