الآثار الناتجة عن إخفاء العيوب المرضية في الشريعة الإسلامية وقانون الأحوال الشخصية الأردني

(The Effects of Concealing Medical Defects in Islamic Law and Jordanian Personal Status Law)

Abstract

Some marriage contracts encounter serious complications resulting from the concealment of significant medical defects by one of the spouses. This raises a legal and Sharia-based problem concerning the validity of the contract and the extent to which such deception constitutes grounds for annulment or the exercise of the option of rescission. This study examines the legal and Sharia implications of concealing medical defects in Islamic jurisprudence and Jordanian Personal Status Law, considering it a recurring issue in marriage-related cases that directly affects marital stability and the mutual rights of the spouses. The study aims to clarify the legal and Sharia rulings related to deception through concealment and to analyze its resulting effects by exploring the concept of deception, its foundations, and its legal consequences. The research adopts both inductive and analytical methodologies: the inductive method is employed to trace Islamic legal texts and juristic opinions, while the analytical method is used to examine statutory texts and relate them to jurisprudential reasoning. The novelty of this study lies in its integrative approach, combining Sharia-based reasoning with legal analysis to address an underdeveloped area in current legislation—namely, deception through concealing medical defects in the marriage contract—and proposing a legislative reform accordingly. The findings indicate that freedom from significant medical defects is a basic condition in marriage contracts. Concealing such defects grants the deceived party the right to annul the contract before consummation, with the husband entitled to reclaim the dowry if he was deceived, and the wife entitled to the full dowry if she was the injured party. The study recommends incorporating new provisions into the Jordanian Personal Status Law to address deception by concealing medical defects and to regulate its legal effects on the marriage contract.

Keywords: Medical defect, deception in marriage, concealment of defect, effects of concealment, Personal Status Law.