بررسی فقهی ـ حقوقیِ مبانی و محدوده تجویز جراحی‌های زیبایی و ترمیمی

Plastic surgery is a newly emerged branch of medicine which was developed dramatically in line with scientific development of surgery and public attention to it, particularly during the last century. In view of particular features of this branch of medical procedures, there are certain moral and legal challenges in deferent systems on the basis of the permission to perform these operations. In Iran, legislator's special consideration in paragraph 2 of Article 59 Islamic Penal Code to Judicial (religious) necessity as a legal criterion reveals the importance of attention to jurists’ viewpoint about the legality of such practices. Generally speaking plastic surgery falls into three categories: Functional reconstructive surgery, which is carried out to remove malfunction of relevant organ and is considered as vital. Aesthetic reconstructive surgery which is carried out only for making certain organ of body appears beautiful, which is not regarded as natural. It is a necessity but not vital. And finally pure aesthetic surgery during which a person accepts surgery procedures only for being more beautiful. Sometimes it may be a non-objective necessity (psychological necessity). The physician should observe the religious limits and also he/she is obliged to specify the type of surgery necessity and possibility of surgery regarding the risks and complications of it.