An Arab husband, "M.A.", experienced shock when he discovered that his wife, whom he admired at first sight before their marriage, was not 100% natural. He found out that she had previously undergone cosmetic surgery to enhance certain body parts, and she did not disclose this during their engagement. He stated to "Emirates Today" that the issue is not with undergoing surgery, but with her concealment of the truth and depriving him of the right to make an informed decision. He pointed out that she refuses to acknowledge her mistake and believes that her life before marriage is solely her own, with no connection to him.
This situation, among others, has sparked legal debates regarding the wife's actions, with some believing it constitutes deception under personal status law, giving either spouse the right to request separation. Others insist that each case must be assessed individually, depending on the nature of the cosmetic surgery and whether it fundamentally conceals a defect or chronic illness, or if it is merely a minor use of makeup that does not affect the essence of the spouse.
Dr. Ahmed Abdulaziz Al-Haddad, chief mufti and director of the fatwa department in the Dubai Islamic Affairs and Charitable Activities Authority, asserts that altering one’s appearance or body and concealing it is a form of deceit, which is prohibited. He emphasizes that marital life should be founded on clarity and transparency.
Moreover, complaints have repeatedly surfaced on social media from husbands who discovered that their brides looked completely different from the ones they engaged to. In another case, a husband divorced his wife after learning she had undergone cosmetic surgery, with her revealing this only post-marriage. Initially, he was not upset, but over time he began to feel cheated and started to suspect she might have enhanced other parts of her body, leading to numerous conflicts that resulted in divorce.
A wife named "S.M." opted not to disclose a cosmetic procedure she underwent on her face due to an accident, fearing that revealing this to her husband would deter him, as individuals aware of her condition had previously lost interest in her, including men who had shown interest before the incident.
In another shocking situation, "A.A." was startled when he accidentally pressed on an artificial area of his wife’s body, discovering she had undergone surgery there without his knowledge. This incident created a rift between them, although he did not act on it.
Dr. Al-Haddad reiterates that concealing flaws through makeup or cosmetic surgery constitutes a forbidden form of deceit, which is sinful whether performed by a betrothed or fiancée. He stresses the importance of building a marital life on honesty and transparency to avoid deceit that could lead to relationship breakdowns and rapid separations, in addition to legal disputes and familial enmity, as deceit is often discovered swiftly.
He emphasized that the consequence of deceit is loss, urging those seeking marriage to fear Allah and not to build a union on wrongful matters that can have severe consequences. The Prophet Muhammad, peace be upon him, stated, "Whoever deceives us is not one of us," meaning they are not adhering to the Islamic principle based on truthfulness and transparency.
Dr. Al-Haddad noted that Article 20 of the Personal Status Law stipulates that if one spouse conditions a specific attribute in the other, and it proves false, the conditioned party has the right to request annulment of the marriage. The annulment requires the return of any expenses incurred for the marriage.
Attorney Issa Bin Haider, who provoked legal discussions on this issue, stated that "Islam places a high value on the marriage contract." He pointed out that beauty is a natural desire for women and is acceptable as long as it remains moderate. However, problems arise when it leads to a complete alteration of the woman's true appearance, detached from reality.
He highlighted that modern science and technology allow for photo-editing that can completely alter a fiancée's appearance, while cosmetics can change skin color dramatically. It extends to artificial hair and eyelash extensions. The Personal Status Law addresses this by allowing either spouse to seek divorce if the other has engaged in deceit, meaning misleading the partner through fraudulent verbal or physical means.
Bin Haider recounted an incident involving Caliph Omar ibn al-Khattab, who questioned a man married to a woman he knew was infertile. When the man denied informing her, Omar ordered him to disclose this information and allow her to choose whether to remain married or divorce him. This illustrates that silence regarding infertility is deemed a form of deception justifying annulment.
Additionally, senior legal advisor Wajih Amin Abdulaziz emphasized that marriage contracts are held sacred as foundational components of society, thus they are regulated by various legal safeguards. He indicated that the conditions for annulment due to deceit must be evident, particularly the intent to deceive and the victim’s ignorance of the deceit.
There are two main cases regarding altering a woman's appearance through surgery. The first involves creating artificial beauty to conceal a chronic defect that would typically repel a suitor, which could lead to annulment if this affected the marriage contract. The second concerns minor use of cosmetics or surgery for non-repulsive flaws, which does not affect the marriage agreement, as it is natural for women to want to appear beautiful.
Finally, attorney Rashid Al-Keitob remarked that with the evolution of cosmetic procedures, the chances of deception have increased. Article 114 of the Federal Personal Status Law No. 28 of 2005 states that either spouse can request divorce if one deceives the other, leading to the marriage contract. Additionally, the law allows for a specialized medical committee's input to assess the defects justifying a divorce.
In conclusion, attorney Rashid Al-Keitob described the legal conditions for invalidating a marriage contract due to deceit, highlighting that deceit leading to marriage invalidates the union unless the other spouse was aware of the truth. He underscored that altering a woman's appearance through makeup does not meet the criteria for annulment unless it conceals significant defects that would not have allowed the marriage if known beforehand.
