Plastic Surgery in The Syafi‘i Sect: Comparative Study of Fatwa-Fatwa in Brunei Darussalam and Indonesia

Abstract

Plastic surgery happens all around the world. The International Society of Aesthetic Plastic Surgeons (ISAPS) proves that the phenomenon of plastic surgery has hit many countries and is increasing every year. Currently, plastic surgery is not only performed by non-Muslims and in non-Muslim countries, but this procedure is also performed by Muslims from Muslim-majority countries, so it becomes a debate among various levels of Muslim society, both Muslims that observe the provisions set by Islamic law and those who don't observe them. The role of scholars in issuing fatwa is a solution to problems in society that do not have a clear basis in the Qur'an and Sunnah, and because of that, academic scholars have collectively agreed to form an institution that is empowered to provide answers to the problems faced by Muslims, even though the answer is not necessarily binding. Both fatwa institutions in Brunei Darussalam and Indonesia aim to provide benefits to Muslims as both follow and prioritize the school of Syafi'i, using it as a reference in issuing fatwa, because the school of Syafi'i is the government school in Brunei Darussalam and the majority sect of Muslims in Indonesia. Therefore, this research looks at the fatwa on plastic surgery in Brunei Darussalam and Indonesia and their compatibility with the opinion of the Syafi'i sect. The methodology in this study uses the library method. From the perspective of the problem being studied, this research uses an integrative, philosophical, systematic, and universal approach in order to find wisdom or truth. The nature of this research is descriptive and analytical. The analysis method used by the researcher is descriptive, comparative and critical. This study is fully traced using the theory of Maqasid sharia'ah and the basic method of the school of Syafi'i to avoid the principles of takhayyur and talfiq. The results of this study found that plastic surgery is possible at an urgent level that requires to uphold worldly and spiritual benefits so that if plastic surgery is not performed, it will cause a stable loss of benefits. It is different if the plastic surgery is for the sole purpose of improving the appearance, then the law does not allow it. In Brunei Darussalam, fatwa is the responsibility of the Government Mufti Department, while in Indonesia fatwa are the responsibility of the Indonesian Ulama Council (MUI). Plastic surgery fatwa references in Brunei Darussalam, in addition to adhering to the Qur'an and Hadith, also use the basic methods of the Shafi'i sect, while fatwa references in Indonesia only adhere to the Qur'an and Hadith. Likewise, the strength of the fatwa, the method for judicial review and the cause of the fatwa in the two countries are different. Fatwa in Brunei Darussalam are generally in regard to reconstructive and cosmetic surgery, whereas in Indonesia, their focus is more on gender enhancement and gender reassignment.