An Arab husband, MA, was shocked when he discovered that his wife whom he admired at first sight before their marriage was not 100% natural, as he discovered that she had previously had plastic surgery to enlarge parts of her body, and she did not disclose this during the engagement.
He told “Emirates Today” the problem is not in performing the surgery, but in concealing it and concealing the truth from him and giving him the right to make a decision, pointing out that she refuses to admit her mistake and considers that her life before marriage belongs to her alone, and he has nothing to do with it.
This case and the like were the subject of legal controversy about this behavior by the wife, as there are those who see that it is a kind of deception according to the Personal Status Law and allows the right to request separation, whether on the part of the husband or wife.
Others assert the need to consider each case separately, according to the nature of plastic surgery and whether it has a fundamental effect in concealing a defect or a persistent disease, or that it is just a simple use of make-up that does not affect the nature of the husband or wife.
Chief Mufti, Director of the Ifta Department at the Department of Islamic Affairs and Charitable Activities in Dubai, Dr. Ahmed Abdulaziz Al-Haddad, confirms that changing the shape or manipulating the body and concealing it is a form of fraud and forbidden fraud, and marital life must be based on clarity and transparency.
In detail, complaints were repeated and cases transmitted by social networks to couples who discovered, after marriage, that the bride was completely different from the one they were engaged to, and there was another incident that ended in divorce when an Arab husband discovered that his wife had previously undergone plastic surgery and did not tell him until after the marriage, pointing out that he did not He seems annoyed at first, but he begins to feel a lump with the passage of time, and he becomes convinced that he was cheated, and he begins to suspect that she may have beautified other areas of her body, and he expresses this clearly, which caused many disputes that ended in divorce.
While SM’s wife stated that she preferred not to disclose a plastic surgery she had performed in one of her face areas, as a result of an accident, noting that she was afraid to inform her fiancé, whom she married, about that surgery, because the people who were aware of what she was exposed to disliked her, Although some of them showed interest in her before the accident.
While (A.A) was exposed to a shocking situation when he was with his wife and surprised her screaming, and discovered that he had (by mistake) pressured an artificial area in her body without knowing that she had performed surgery in this place, pointing out that this situation caused a gap between them, But he did not take action on it.
For his part, Chief Mufti, Director of the Ifta Department at the Department of Islamic Affairs and Charitable Activities in Dubai, Dr. Ahmed Abdulaziz Al-Haddad, considered that concealing defects with makeup or cosmetic operations is a form of fraud and forbidden fraud, and the perpetrator is sinning, whether he is a fiancé or fiancée, as it is a duty to build a married life. It should be based on clarity and transparency, not on deception that leads to a bad relationship and a speedy separation, as well as judicial problems and family enmity, because cheating and deception are soon discovered.
And he stressed that the consequence of the deceiver’s matter is loss, so whoever wants to marry should watch God Almighty in that and not build a life on innocuous matters and dire consequences, and the Prophet, may God bless him and his family and his companions, said: “Whoever cheats us is not one of us,” that is, not on the existing approach of Islam. On honesty, clarity, not lying and cheating, and from the condition of an intentional description that achieves a purpose that does not contradict the requirements of married life, that he be faithful to it.
Al-Haddad pointed out that Article 20 of the Personal Status Law stipulates that if one of the spouses stipulates a specific description in the other, and it turns out otherwise, the stipulated request for the annulment of the marriage, and one of the requirements for annulment is that he returns all the fines he made, for the sake of marriage.
For his part, the lawyer Issa bin Haider, who sparked a legal debate on this issue, said that “the Islamic religion is higher than the marriage contract,” pointing out that adornment is an innate matter for the female, and when it is in moderation, it is unquestionable, but problems arise when excessive Which leads to changing the real appearance of the girl completely unrelated to reality and completely different from the truth, we all know the development of modern science and technology, and it became possible to adapt smart applications to modify the image of the fiancée and correct all defects in the skin, as dyes and cosmetics can change The color of the skin and its modification to become another color completely different from the real color, and the same applies to wigs and false eyelashes.
He added that the Personal Status Law was clever and developed a general text that allows each of the spouses the right to request separation in the event that one of them deceives the other, and the deception is intended to deceive the other suitor by deceitful verbal or actual means, provided that they make him consent to what he was not satisfied with, without those means. The law is to remain silent about an incident or circumstance that would deceive when it is proven that the one who was deceived by him would not have concluded the marriage contract had he known of that fact or circumstance. .
Bin Haider narrates that the Caliph Omar Bin Al-Khattab asked a man who married and knows that he suffers from barrenness, did you tell her that you are barren? The man replied in the negative, so Omar ordered him to inform her and give her the choice between remaining in his custody or divorcing her. We note that the Caliph considered the incident of silence about sterility as deception or fraud that permitted separation and annulment of the contract.
In addition, Senior Legal Adviser, Wajeeh Amin Abdulaziz, confirmed that the marriage contract has a special sanctity as it is the first building block in the structure of society, so the Sharia and the law surrounded it with several guarantees among all other contracts, and accordingly, the provisions of misrepresentation related to it differ according to the nature of the situation, and for the misrepresentation to be positive For the annulment of the marriage contract as stipulated in Article (114) of the Personal Status Law, it must meet clear requirements, namely the intent to deceive, and the lack of knowledge of the deceiver, since his knowledge of the deception and his consent to the completion of the contract forfeits his right to annulment.
He explained that with regard to changing a woman’s appearance with cosmetic operations or installations, a distinction must be made between two matters, the first is if the fiancée showed an artificial beauty that concealed a disease or a persistent defect that usually alienates the soul, and this had a direct impact on the suitor’s willingness to conclude the marriage contract, and without him he would not be satisfied with If the contract is concluded, this is considered a misrepresentation that requires rescission.
Abdulaziz pointed out that the second matter, if the use of make-up or cosmetics is for the purpose of concealing minor defects that the soul does not usually alienate from, then it has no effect on the marriage contract, since the nature of the woman and her love to appear in the appearance of beauty and perfection may push her to do so, and it is not permissible with the sanctity of the contract Marriage is annulled with every fault, especially since the husband can pay the damage for himself by divorce.
In addition, lawyer Rashid Al-Kitoub said that in light of the development of cosmetic surgeries and its tools of makeup and others, the possibilities of deception multiplied, noting that Article 114 of the Federal Personal Status Law No. (28) of 2005 stipulates that “either of the spouses has the right to request separation if A deception occurred on the part of the other party or with his knowledge that led to the conclusion of the marriage contract, and it was proven that the person who was deceived would not have concluded the marriage contract had he known of that fact.”
He added that Article 115 of the same law stipulates that “a specialized medical committee is sought to find out the defects for which the separation is requested, and the separation between the spouses in this case is considered a termination of the contract.”
Hiding a fundamental defect
Lawyer Rashid Al-Kitoub stated that the law set conditions that must be met to rule the marriage contract invalid because of deception, to prove that the one who was deceived would not have concluded the marriage contract had he known the truth, and that the deception was issued by the wife herself or her guardian on the condition of her knowledge, and the incident must be proven by a report by a specialized medical committee, and to conceal a fundamental defect, or for the incident itself to be a defect that has reached an extent of seriousness. Without it, the husband would not have concluded the contract if he had known about it before marriage.
He added that changing a woman’s appearance with makeup does not meet the conditions that lead to the annulment of the marriage contract, but if the cosmetic operations conceal fundamental defects or result in substantial defects that reach an extent of seriousness, it may be prompted to rule the contract invalid, provided that the fundamental defect is proven by the report of the medical committee, and consequently the This means rescinding the contract and exempting the husband from the financial entitlements of the wife resulting from the divorce, such as Mut’ah and others.
Transparency Avoiding Problems
Dr. Mazen Arafa, a specialist in plastic and reconstructive surgery, said that there are plastic surgeries that can undermine the sanctity of marriage legally and morally, such as those that are performed to prove that women do not have premarital relations, pointing out that this surgery is prohibited in the state, and may expose the doctor to revocation of his license and imprisonment. .
On the other hand, he added, there are similar surgeries with the aim of beautification or improvement for reasons beyond the woman’s control, such as the consequences of riding horses or practicing some similar sports. In this case, the woman is not blamed for resorting to it, and she is not morally obligated to disclose this to her husband before marriage. If he does not ask her about that, because it is a personal matter that concerns her and every person has the right to hide aspects of his life, as long as it does not affect the other party or affect their relationship together, but if he asks her and she prefers not to tell him, she is morally blamed but does not bear any legal responsibility.
He pointed out that there are plastic surgeries whose effects cannot be hidden, regardless of the doctor’s skill, such as reducing or enlarging organs in the body, if their size was originally larger or much smaller than normal, stressing that in this case it is preferable to transparency between the two parties before marriage, in order to avoid problems or shocks afterwards.
Annulment of the marriage contract
Senior Legal Adviser, Wajeeh Amin Abdel Aziz, said that the jurists divided the deception that requires the annulment of the marriage contract in general, into several types; The most prominent of them is deception in one of the pillars of the marriage contract, which is the offer, the acceptance, the place, the husband and the guardian, and they concluded that deception in one of these pillars nullifies the marriage from the ground up.
Abdulaziz added that the law decided that the separation in these cases should be an annulment of the marriage, not a divorce, because the annulment can only take place by a judge’s ruling for a reason that necessitates or permits it, and does not have any effect or obligations because it is considered a violation of the origin of the marriage contract and considering it as if it were not, unlike Divorce that entails known obligations on the husband.