The Legal Regulation of Cosmetic Surgery: Medical Liability Limits Under UAE Legislation in the Light of Islamic Law

This study examines the legal regulation of cosmetic surgery in the United Arab Emirates (UAE), focusing on the scope of the cosmetic surgeon’s liability under UAE legislation and Islamic Sharia principles. The research addresses the legal ambiguity surrounding the classification of cosmetic procedures, particularly enhancement surgeries that are not intended for medical treatment, and the resulting uncertainty regarding the nature of the surgeon’s legal obligation. The study aims to analyze the legal nature of cosmetic surgery, distinguish it from other medical interventions, and determine whether the cosmetic surgeon is bound by an obligation of due care or an obligation to achieve a specific result. It also examines the legal foundations of medical liability under Federal Decree-Law No. (4) of 2016 concerning Medical Liability, while assessing the role of the UAE judiciary in interpreting legislative provisions and filling regulatory gaps. Using a descriptive-analytical and comparative methodology, the study analyzes statutory texts, judicial decisions, and classical and contemporary Islamic jurisprudential opinions. The findings demonstrate that UAE courts have played an influential role in developing rules of medical liability related to cosmetic surgery, in some cases imposing stricter standards on surgeons to enhance patient protection. The study also highlights points of convergence and divergence between UAE law and Islamic jurisprudence regarding the permissibility of enhancement cosmetic procedures and the extent of liability and compensation. The study concludes by emphasizing the need for clearer and more specialized legislative provisions that reflect the distinctive nature of cosmetic surgery, ensure balanced protection of patients’ rights, and remain consistent with the objectives of Islamic Sharia.

Authors

Institutions

Publication Details

Journal
International Journal of Academic Research in Accounting Finance and Management Sciences
Published
2026-01-06
DOI
https://doi.org/10.6007/ijarafms/v16-i1/27359
Primary Topic
Body Image and Dysmorphia Studies
Type
article
Field-Weighted Citation Impact
0.00
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

The Legal Regulation of Cosmetic Surgery: Medical Liability Limits Under UAE Legislation in the Light of Islamic Law

Diaya Ud Deen Deab Mahmoud Al Zitawi, Saeed Mohamed Hassan Abdelrahman Alhmoudi, Omar Saleh Hamdan Alakhras
International Journal of Academic Research in Accounting Finance and Management Sciences
Body Image and Dysmorphia Studies
article

The Legal Regulation of Cosmetic Surgery: Medical Liability Limits Under UAE Legislation in the Light of Islamic Law

Diaya Ud Deen Deab Mahmoud Al Zitawi, Saeed Mohamed Hassan Abdelrahman Alhmoudi, Omar Saleh Hamdan Alakhras
article en

Abstract

This study examines the legal regulation of cosmetic surgery in the United Arab Emirates (UAE), focusing on the scope of the cosmetic surgeon’s liability under UAE legislation and Islamic Sharia principles. The research addresses the legal ambiguity surrounding the classification of cosmetic procedures, particularly enhancement surgeries that are not intended for medical treatment, and the resulting uncertainty regarding the nature of the surgeon’s legal obligation. The study aims to analyze the legal nature of cosmetic surgery, distinguish it from other medical interventions, and determine whether the cosmetic surgeon is bound by an obligation of due care or an obligation to achieve a specific result. It also examines the legal foundations of medical liability under Federal Decree-Law No. (4) of 2016 concerning Medical Liability, while assessing the role of the UAE judiciary in interpreting legislative provisions and filling regulatory gaps. Using a descriptive-analytical and comparative methodology, the study analyzes statutory texts, judicial decisions, and classical and contemporary Islamic jurisprudential opinions. The findings demonstrate that UAE courts have played an influential role in developing rules of medical liability related to cosmetic surgery, in some cases imposing stricter standards on surgeons to enhance patient protection. The study also highlights points of convergence and divergence between UAE law and Islamic jurisprudence regarding the permissibility of enhancement cosmetic procedures and the extent of liability and compensation. The study concludes by emphasizing the need for clearer and more specialized legislative provisions that reflect the distinctive nature of cosmetic surgery, ensure balanced protection of patients’ rights, and remain consistent with the objectives of Islamic Sharia.

International Journal of Academic Research in Accounting Finance and Management SciencesVol. 16(1)
Al-Aqsa University (PS), International Islamic University Malaysia (MY), University of Technology Malaysia (MY)
Peace, Justice and strong institutions
Openalex Percentile: Top 95%
Body Image and Dysmorphia Studies
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.