ISSN: 2225-8329
Open access
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.
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