Analyzing the situation of natural hair sales

Document Type : scientific

Authors

1 Law Master's student Department of Law,Law Faculty, Mazandaran University.Babolsar, Iran

2 Assistant Professor, Department of Private Law, Mazandaran University, Babolsar, Iran

3 Assistant Professor, Department of Law, Damghan University,

Abstract

Despite the fact that many studies have been conducted on the trading of human body parts, there has been no scientific research on the status of trading in natural hair. This is an emerging issue that seemingly cannot be disputed, but it has caused disagreements among jurists. in the Iranian legal system and Imami jurisprudence, the purchase and sale of natural human hair, provided that the conditions of the contract are met, is not prohibited by law, Sharia, or morality. However, some Sunni jurists hold opposing views, believing that the sale and use of human hair is not permissible because it conflicts with the principle of respect for human dignity and the need to preserve human dignity. given that the concepts of dignity and insult are relative and dependent on time and place, and considering the changes in the customs of society, the dynamics of Islam in the face of emerging issues and the needs of society today, these views can be adjusted. This research attempts to respond to the objections of opponents of selling human hair by examining to answer the ambiguities that exist due to the newness of the issue and the lack of a specific legal ruling in this regard, including the specific conditions of this type of transaction, the ruling on selling a woman's hair without her husband's permission, the sale of hair of disabled people by parents and guardians, and the trading of natural hair between men and women and vice versa.

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