(Series of Answers by the Eminent Scholar Ata Bin Khalil Abu Al-Rashtah, Ameer of Hizb ut-Tahrir, to the Questions of the Visitors to his Facebook Page "Fiqhi")
Answer to a Question
To Mourad Maalej
Question:
A question to the eminent scholar Ata Bin Khalil Abu Al-Rashtah, Assalamu Alaikum Wa Rahmatullahi Wa Barakatuh, Our eminent Sheikh, what is the Shari'a ruling regarding "plastic surgery"? May Allah bless you.
Answer:
Wa Alaikum Assalam Wa Rahmatullahi Wa Barakatuh,
1- If plastic surgery is for the purpose of medical treatment (tadaawi), such as surgery to treat deformities in the body resulting from illness, traffic accidents, burns, or otherwise, or to remove congenital defects a person was born with, such as amputating an extra finger or separating webbed fingers, and the like; this type of operation is permissible. Its evidence is what was narrated by At-Tirmidhi from 'Arfajah ibn As'ad who said:
أُصِيبَ أَنْفِي يَوْمَ الْكُلَابِ فِي الْجَاهِلِيَّةِ فَاتَّخَذْتُ أَنْفًا مِنْ وَرِقٍ فَأَنْتَنَ عَلَيَّ فَأَمَرَنِي رَسُولُ اللَّهِ ﷺ أَنْ أَتَّخِذَ أَنْفًا مِنْ ذَهَبٍ
"My nose was injured on the Day of al-Kulab during the Jahiliyyah, so I took a nose made of silver, but it became putrid. So the Messenger of Allah ﷺ commanded me to take a nose made of gold."
Abu 'Isa said this is a Hasan Gharib Hadith, and it was also narrated by An-Nasa'i from 'Arfajah ibn As'ad that:
أصيب أنفه يوم الكلاب في الجاهلية فاتخذ أنفا من ورق فأنتن عليه فأمره النبي ﷺ أن يتخذ أنفا من ذهب
"His nose was injured on the Day of al-Kulab during the Jahiliyyah, so he took a nose made of silver, but it became putrid. So the Prophet ﷺ commanded him to take a nose made of gold."
Al-Albani classified it as Hasan. The meaning of "a nose of wariq" is silver. This indicates that plastic surgery for the purpose of treatment and remedy (tadaawi) is permissible.
2- However, if it is for the purpose of enhancement and beautification and not for medical treatment, then it is not permissible. The evidence for this is:
What was narrated by Al-Bukhari from 'Alqama that Abdullah said:
لَعَنَ اللَّهُ الْوَاشِمَاتِ وَالْمُسْتَوْشِمَاتِ وَالْمُتَنَمِّصَاتِ وَالْمُتَفَلِّجَاتِ لِلْحُسْنِ الْمُغَيِّرَاتِ خَلْقَ اللَّهِ تَعَالَى
"Allah has cursed the women who do tattoos and those who have them done, those who pluck their eyebrows and those who have them plucked, and those who file their teeth for beauty, who change the creation of Allah the Almighty."
And Muslim narrated it with the wording:
لَعَنَ اللَّهُ الْوَاشِمَاتِ وَالْمُسْتَوْشِمَاتِ وَالنَّامِصَاتِ وَالْمُتَنَمِّصَاتِ وَالْمُتَفَلِّجَاتِ لِلْحُسْنِ الْمُغَيِّرَاتِ خَلْقَ اللَّه
"Allah has cursed the women who do tattoos and those who have them done, those who pluck their eyebrows and those who have them plucked, and those who file their teeth for beauty, who change the creation of Allah."
It is clear from the Hadith that those who file their teeth for beauty are sinners, meaning this act is Haram. It is reasoned (mu'allal) by the words "for beauty" (lil-husn), which is an explanatory description (wasf mufhim), meaning that the one who files her teeth for the sake of beauty is a sinner. This implies that if it is not for beauty—i.e., as a treatment or remedy—it is permissible. It says in Lisan al-Arab:
(والفَلَجُ في الأَسنان تباعد ما بين الثّنايا والرَّباعِيات خِلْقةً فإِن تُكُلِّفَ فهو التفليجُ ورجل أَفْلَجُ الأَسنانِ وامرأَة فَلْجاءُ الأَسنانِ)
Thus, the meaning of al-mutafallijah is the one who files her teeth to make them smaller and create a small gap between them to beautify the teeth and make the woman appear younger, meaning without there being any crookedness in her teeth that requires remedy and treatment, but only for enhancement and beauty. This is not permissible according to what was stated in the Hadith that the Messenger ﷺ cursed those who file their teeth for beauty (lil-husn). This is the 'illah (legal reason) for the prohibition; if it is not present, meaning if it is not for beauty but for treatment and remedy, then it is permissible.
Al-Nawawi said in the explanation of al-mutafallijat lil-husn mentioned in the Hadith of Muslim:
(وَأَمَّا الْمُتَفَلِّجَاتُ بِالْفَاءِ وَالْجِيمِ وَالْمُرَادُ مُفَلِّجَاتُ الْأَسْنَانِ بِأَنْ تَبْرُدَ مَا بَيْنَ أَسْنَانِهَا الثَّنَايَا وَالرُّبَاعِيَّاتِ وَهُوَ مِنَ الْفَلَجِ بِفَتْحِ الْفَاءِ وَاللَّامِ وَهِيَ فُرْجَةٌ بَيْنَ الثَّنَايَا وَالرُّبَاعِيَّاتِ وَتَفْعَلُ ذَلِكَ الْعَجُوزُ وَمَنْ قَارَبَتْهَا فِي السِّنِّ إِظْهَارًا لِلصِّغَرِ وَحُسْنِ الْأَسْنَانِ لِأَنَّ هَذِهِ الْفُرْجَةَ اللَّطِيفَةَ بَيْنَ الْأَسْنَانِ تَكُونُ لِلْبَنَاتِ الصِّغَارِ... وَأَمَّا قَوْلُهُ الْمُتَفَلِّجَاتُ لِلْحُسْنِ فَمَعْنَاهُ يَفْعَلْنَ ذَلِكَ طَلَبًا لِلْحُسْنِ وَفِيهِ إِشَارَةٌ إِلَى أَنَّ الْحَرَامَ هُوَ الْمَفْعُولُ لطلب الحسن أما لو احتاجت إِلَيْهِ لِعِلَاجٍ أَوْ عَيْبٍ فِي السِّنِّ وَنَحْوِهِ فلا بأس والله أعلم)
"Regarding al-mutafallijat... it refers to filing the teeth... this small gap between the teeth is characteristic of young girls... Regarding his saying 'al-mutafallijat lil-husn', it means they do that seeking beauty. This indicates that what is forbidden is that which is done to seek beauty, but if there is a need for it as a treatment or due to a defect in the tooth and the like, then there is no harm, and Allah knows best."
Thus, the 'illah (legal reason) is (for beauty). If the surgery is for treatment and remedy, it is permissible, but if the natural creation is normal and the surgery is not for treatment, but only for beauty and enhancement, it is not permissible.
This is what I find most correct in this matter, and Allah is All-Knowing and All-Wise.
Your brother, Ata Bin Khalil Abu Al-Rashtah
25 Rajab 1439 AH Corresponding to 12/04/2018 CE
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