أحـكـام الـتـغـريـر في عـقـد الــزواج في الــقـانــون الـعـراقــي “دراسة مقارنة بالفقه الاسلامي”

The provisions of Deception in the Marriage Contract in Iraqi Law "A Comparative Study with Islamic Jurisprudence"

Abstract

In the name of God, the Most Gracious, the Most Merciful, and peace and blessings be upon our Prophet Muhammad and his good and pure family.
A marriage contract may be affected by certain matters that undermine trust between the spouses and shake the sense of security within the relationship. This, in turn, can lead to the deterioration of the marital bond and affect family stability. Trust and security are the foundation upon which a successful and stable marriage is built, and any disruption to this foundation may result in relationship turmoil.
Deception in a marriage contract is one form of injustice that may lead to the annulment of the contract. Deception refers to misleading or deceiving one of the parties, causing them to enter into the contract based on false or inaccurate information. As a result, the other party may not have given their consent with full awareness of the true circumstances. In such a case, the contract is considered to have been formed based on incorrect information that contradicts reality, constituting a violation of the rights of the deceived party.
In Islamic jurisprudence, consent is one of the essential conditions for the validity of a marriage contract. If either party is deceived—whether by concealing significant details about their personality, social status, financial situation, or health condition—the contract may be considered fraudulent. Examples of deception include hiding an incurable or contagious disease that could impact married life or providing false information regarding wealth, debts, or financial obligations.
In such cases, the party who has suffered from deception has the right to request annulment of the contract, as their consent was obtained through illegitimate means. The ruling on deception varies depending on its nature and the extent of its impact on the affected party. However, in most cases, the aggrieved party has the right to seek legal intervention to annul the marriage contract.