A Jurisprudential Investigation into "Concealment and Lying about Secrets before Marriage" in the Process of Marriage Proposal

Using the method of religious ijtihad, this study investigated the issue of concealment and lying about pre-marital matters (friendship and sexual relations before marriage, ex-marriage and the absence of virginity) in the jurisprudential branches about deceit, truth and falsehood. The findings show...

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Bibliographic Details
Main Authors: Hamia Rafiihonar, Ali Bayat
Format: Article
Language:fas
Published: Imam Sadiq University 2018-11-01
Series:فقه و حقوق خانواده
Subjects:
Online Access:https://flj.journals.isu.ac.ir/article_71506_3bfb2c9c3ac3f9f46661a5ed3600fe8d.pdf
Description
Summary:Using the method of religious ijtihad, this study investigated the issue of concealment and lying about pre-marital matters (friendship and sexual relations before marriage, ex-marriage and the absence of virginity) in the jurisprudential branches about deceit, truth and falsehood. The findings showed that, firstly, claiming the attribute of perfection with the knowledge of its absence is deceit and fraud, and religiously illegal, but concealing an attribute of perfection that the person lacks is not an instance of deceit. Secondly, concealing what is customarily regarded as a flaw in a person; if it is accompanied by a commitment to health is deceit, but concealing what is an attribute of perfection or concealing what is not considered as commitment, will not be regarded as deceit. Thirdly, any information, deed or concealment which is considered as lying about pre-marriage issues, is regarded as lie and is illegal, and for refinement of the basis of the ruling, dissimulation is as bad as lying and avoidance of it is necessary in marriage.
ISSN:2538-5291
2538-5283