استئصال رحم المعوقات عقليا دراسة فقهية مقارنة

Hysterectomy of the mentally handicapped, a comparative jurisprudential study

This study deals with the rule of hysterectomy mentally disabled girls within the Islamic rules and its objectives. The mental disability has more than one level, the simple case, the high case and the mediatory case. The mental disability simple case which is determined by the doctors, isn’t the subject of the study because the patient can marry and take care of him or herself, and has the opportunity but with a low chance comparing with non-patient. The disability of high and mediatory level is the subject of the study. This level of the case leads the parents to hysterectomy for their girls, because they don’t realize what’s going around them and they can’t differentiate between things. The researcher has dealt with the importance of uterus for women and the disadvantages of hysterectomy on the medical and legitimacy side and that the original sanctity of prejudice to a human body without a medical reason. The researcher has ended the research by summarizing the sanctity conduct of such these operations. Such operations have huge disadvantages on the patient and the society, which outweigh the objective interest from this operation. It’s also considered to be flagrant violation of human rights in general and the rights of the disabled patient in special. The Islamic legitimacy and the international laws have agreed on the importance of respecting the human dignity and to inviolability the human dignity, and this is agreed within the Islamic legitimacy and Islamic law.