العمليات الجراحية لتضييق المعدة بين الشريعة والقانون

Abstract

The jurisprudences issues and developments occur successively due to the development of the life of the nation over times and places and theyhave noprevious provisions in Holy Quran or Suna (Islamic Teachings) or Ijtihad (research by scholars for a ruling) that can be applied on thejurisprudence issue.These issues are more than can be enlisted in a short while with regardsto worshiping and dealings , familiesconditions and medical issues whilethe latter is the subject of the study of research. The surgeries narrowing of stomach is one of thejurisprudence issues in our timeand its appearance have coincided with the rise of obesity rates and thenthese operations have spread and their numbers have risen in hospitals .As these issues must be death with out of knowledge of its circumstances as well as working diligently in figuring out the legitimate provisionfor them for reaching a ruling on them and familiarizing people that it is prevented in Islam and thus enriching Islamic jurisprudence with the developments of this age to encounter them for this purpose the researcher has formulated the thesis andset up the assumption .She started her mission by reading and following up and queries inside hospitalsamidst the doctors and patientswho were operatedthen getting acquainted with these surgeries which are based on reducing the size of the belly (tie ,cutting and quantization ). It seems it is important to clarify the mostimportant points raised by this study which what is obesity , its causes,rates of its spread and it treatment in addition to the surgeries of narrowing thestomach their rules and the most important advantages and disadvantages of these surgeries as wellas their side effects .Referring to the sources of Islamic Sharia we find provisions and lessons that give the subject a light of discretion and denotationbecause Sharia is appropriate anywhere and everywhereand the study has reviewed the Islamic view point of obesity and how to remedy itand from this view point the legitimate provision is sightedin diligence in the narrowing operationsand thus the the provisions and meaning become clear in the light the Guide of Allah .The legal view point on the surgery ofnarrowing the stomach which is based on (narrowing the stomach) can be summed up in several points and legal conditionsthat the two parties of the surgery (the doctor and the patient) must be committed to in the first placefor their agreement on conducting the surgical treatmentdue to the responsibility shouldered by each of themand thus fixed laws must be followedprovided: existence of a contract of medical treatment containing the rights and obligationsassigned to each of themto guaranteethe progress of treatmentin a legal manner and the study has concluded with a number of findings and recommendations.