Cosmetic surgeon’s legal responsibilities: an Islamic juristic perspective

This study explores the legal accountability of cosmetic surgeons from the perspective of Islamic jurisprudence, focusing on whether liability arises under contract law, based on agreements with patients, or tort law, in cases involving negligence or malpractice. When a surgeon and patient enter into an agreement, the relationship resembles a service-for-hire contract, obligating the surgeon to fulfill agreed duties; failure may result in legal action or contract termination. Conversely, negligence, such as performing unauthorized procedures or failing to meet medical standards, may trigger liability under tort law. The findings indicate that both forms of liability may apply, depending on the circumstances, each entailing distinct legal implications. The study also examines whether cosmetic surgeons are obliged to guarantee results or merely expected to perform to the best of their ability. The analysis concludes that, under certain conditions, offering outcome guarantees in cosmetic surgery may be permissible, provided such assurances do not conflict with theological and legal principles in Islam. Additionally, it distinguishes between purely aesthetic procedures and reconstructive surgeries, which may serve both functional and cosmetic purposes.