Provisions on the Concealment of esthetic imperfections, Through Therapeutic or Cosmetic Interventions, from the fiancé: Islamic Jurisdictive Study from A Medical Perspective
The aim of this research is to explain the provisions of jurisprudence of hiding some unapparent defects or imperfections by the fiancée from her future husband through either therapeutic or cosmetic procedures.
The treatment may be a cure of a congenital disease that may affect the marriage, offspring or both, or it may not affect any of them. Treatment may also be the cure of an imbalance that affects the human and caused by himself or others. This imbalance may have impact on marital life, offspring, both of them or it may not have an effect on either of them. Cosmetic procedures vary depending on the case; they may involve a surgical intervention or applying cosmetic products.
Although Islamic scholars have addressed in their books the issue of flaws discovered after the official marriage contracts are signed, they have not addressed flaws that are completely or partially treated before marriage through medical or cosmetic procedures. The latter is the issue being addressed in this research, through a detailed descriptive methodology; since judging an issue comes after considering all its aspects. This is done by first, clarifying the medical aspects of the disease; its causes, symptoms etc., then the Islamic scholarly ruling based on the symptoms mentioned and a detailed analysis of Islamic texts, and finally comparing this to similar issues which scholars have already considered and have come to final conclusions.
The study concludes that a future spouse should inform her fiancé that she was previously treated from a disease which may affect marital life or offspring or both.
Therapeutic intervention includes all the procedures used to eliminate the disease by taking medications, medical drugs, surgery, radiation and others.
Key words: (Concealment-Imperfection, Treatment, Cosmetic, Engaged)
Al-Aryani, Asma Salmeen and Ahmed, Nihal Abdullah
"Provisions on the Concealment of esthetic imperfections, Through Therapeutic or Cosmetic Interventions, from the fiancé: Islamic Jurisdictive Study from A Medical Perspective,"
UAEU Law Journal: Vol. 2021:
85, Article 1.
Available at: https://scholarworks.uaeu.ac.ae/sharia_and_law/vol2021/iss85/1