Document Type : scientific
Authors
1 Assistant Professor, Department of Private Law, Faculty of Law and Political Science, University of Mazandaran, Babolsar, Iran.
2 Master's Student in Private Law, Department of Private Law, Faculty of Law and Political Science, University of Mazandaran, Babolsar, Iran.
3 Assistant Professor, Department of Law, Faculty of Humanities, Damghan University, Damghan, Iran.
Abstract
Although extensive research has been conducted on the transaction of human body parts, no scientific research has been observed regarding the legal status of trading in natural hair. This is an emerging issue which, at first glance, might appear unproblematic, but has given rise to disagreements among jurists. To elaborate, in the Iranian legal system and Imamiyyah jurisprudence, the sale and purchase of natural human hair is not faced with any legal, religious, or ethical prohibition, provided the conditions for the validity of the contract are observed. However, some Sunni jurists, holding opposing views, believe that the sale and use of human hair is not permissible due to its conflict with the principle of respect for human dignity and the necessity of preserving human status. Nevertheless, considering that the concepts of dignity and insult are relative and dependent on time and place, and taking into account the customary changes in society and the dynamism of the religion of Islam in facing emerging issues and the daily needs of society, these views can be moderated. In this research, an attempt has been made, by examining relevant jurisprudential and legal sources, to respond to the objections of opponents of selling human hair and to address the ambiguities that exist due to the novelty of the subject and the absence of a specific legal ruling in this area. These ambiguities include: the specific conditions of this type of transaction, the ruling on a woman selling her hair without her husband's permission, the sale of hair by guardians and custodians on behalf of incapacitated persons, and the transaction of natural hair between a man and a woman and vice versa.
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