An Islamic Jurisprudential-Law Study on Husband's Permission for Wife’s Cosmetic Surgery

Abstract

According to the Islamic Penal Code, permission is required before any medical surgery from an individual or her/his guardian. In the medical centers, it is also common to ask for the husband’s consent for his wife’s medical treatment. The present study seeks to investigate this issue as well as the restrictions of concern. The questions like whether the cost of treatment is an example of wife’s alimony or whether the husband is obliged to pay the cost of his wife’s cosmetic surgery have been considered in this research. The findings show that a mature and sane wife does not need her husband’s permission to undergo the surgery unless there is disrespect to the matrimonial duties such as husband’s superiority over wife or wife’s obedience to the husband. If the wife is prevented from surgery without due justification, she would be able to pursue her will. In case of necessity, the husband should pay the cost unless otherwise; although he may like to fund the surgery for the matter of ethic or personal purpose. The criterion for determining the alimony of the wife in addition to the aforementioned values is the financial condition, dignity and social situation of the husband.

Keywords

• husband
• wife
• necessary cosmetic surgery
• unnecessary cosmetic surgery
• husband’s superiority
• alimony
• treatment expenses
• obedience of wife