The place of body privacy in contemporary medical fatwas: An examination in the context of human dignity

With the technological advancements of the modern era, the protection of individual privacy has become increasingly complex. Muslim societies, therefore, require a rational religious authority capable of providing Islamic guidance through the issuance of fatwas. Modern medical procedures, genetic testing, and digital record systems have both challenged and blurred the boundaries of personal privacy, intensifying the need for such religious authority. In this context, various contemporary fatwa institutions have been actively engaged in addressing these emerging issues. Among them, five major fatwa institutions have been examined in this study. A significant and perhaps the most prominent common feature of these institutions is their role as authoritative references for addressing the moral and legal dilemmas arising from modern transformations—particularly those related to advances in medicine—where individuals often remain uncertain about the appropriate course of action. This study evaluates the fatwas of contemporary Islamic institutions on medical issues within the framework of Islam's understanding of privacy and human dignity. Accordingly, the fatwas concerning reproduction and fertility, sexual and gynecological interventions, medical diagnostic procedures, and end-of-life issues have been analyzed. The findings indicate that these institutions generally base their rulings on the principles of necessity (darura) and public interest (maslaha). In their legal reasoning, the preservation of life—a fundamental objective of Islamic law—takes precedence; medical treatment is deemed permissible in cases of life-threatening conditions, while the protection of privacy remains obligatory in other circumstances. In this regard, in-vitro fertilization (IVF) is considered permissible under necessity, whereas surrogacy is prohibited due to the potential for lineage confusion and violation of human dignity. Abortion is restricted to exceptional cases such as saving the mother's life, and the embryo is regarded as a potential human life. In matters such as organ transplantation, autopsy, and the use of cadavers, these institutions uphold the inviolability of the human body within the framework of necessity and benefit. Collectively, these fatwas affirm that the human body is not merely a biological entity but a sacred trust that must be protected in accordance with the principles of human dignity and privacy. Keywords: fatwa, body, treatment, privacy, mukarram, human dignity.