العمليات الجراحية لتضييق المعدة بين الشريـعة والقـانون

Abstract

The jurisprudences issues and developments occur successively due to the development of
the life of the nation over times and places and they have no previous provisions in Holy
Quran or Suna (Islamic Teachings) or Ijtihad (research by scholars for a ruling) that can be
applied on the jurisprudence issue. These issues are more than can be enlisted in a short
while with regards to worshiping and dealings , families conditions and medical issues while
the latter is the subject of the study of research. The surgeries narrowing of stomach is one
of the jurisprudence issues in our time and its appearance have coincided with the rise of
obesity rates and then these 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 provision for 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 and set up the assumption .
She started her mission by reading and following up and queries inside hospitals amidst the
doctors and patients who were operated then 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 most important 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 the
stomach their rules and the most important advantages and disadvantages of these
surgeries as well as their side effects .
Referring to the sources of Islamic Sharia we find provisions and lessons that give the
subject a light of discretion and denotation because Sharia is appropriate anywhere and
everywhere and the study has reviewed the Islamic view point of obesity and how to
remedy it and from this view point the legitimate provision is sighted in diligence in the
narrowing operations and thus the the provisions and meaning become clear in the light the
Guide of Allah .
The legal view point on the surgery of narrowing the stomach which is based on (narrowing
the stomach) can be summed up in several points and legal conditions that the two parties
of the surgery (the doctor and the patient) must be committed to in the first place for their
agreement on conducting the surgical treatment due to the responsibility shouldered by
each of them and thus fixed laws must be followed provided: existence of a contract of
medical treatment containing the rights and obligations assigned to each of them to
guarantee the progress of treatment in a legal manner and the study has concluded with a
number of findings and recommendations.