What Is Fraud in Marriage?

What Is Fraud in Marriage?

As is well known, marriage is one of the most important, sensitive, and decisive events in a person’s life. Therefore, when individuals decide to marry, they should devote sufficient time, care, and effort to properly know the other party in order to make the best possible choice. One problem that may arise for either a man or a woman in this process is fraud in marriage.

The Legal Concept of Fraud in Marriage

Fraud or Deception in Marriage

This act refers to conduct by the woman, the man, or a third party that results in deception in the formation of the marriage. Fraud, in its literal sense, means deception. In legal terms, it refers to acts by which a defect or condition in one of the spouses is deceitfully concealed, and the person is presented as possessing qualities that he or she does not in fact have. For example, if at the time of marriage the husband suffers from insanity and the wife has no knowledge of it, she may annul the marriage. Likewise, if the wife suffers from leprosy, which is a type of skin disease, and the husband is unaware of it, he also has the right to annul the marriage.

Accordingly, whenever it has been stipulated that the woman or the man must possess a particular attribute as a condition of marriage, and after the marriage, it becomes known that the person lacked that attribute, the deceived party may seek annulment of the marriage. The legislator has not distinguished between permanent and temporary marriage with respect to fraud.

What Situations Constitute Fraud in Marriage?

Fraud in marriage may occur in the following situations:

• When a specific attribute is claimed, and the marriage is concluded on that basis, such as when a man claims to be a lawyer or a physician and the woman agrees to marry based on that representation, even though it is untrue.
• When certain conditions are not usually mentioned during the engagement process according to custom, but the marriage is nevertheless concluded based on them, such as the woman’s virginity or the absence of addiction to alcohol or narcotics on the part of the man.
• Defects in the husband existing at the time of marriage that the wife is unaware of, including:
  Insanity.
• Castration.
• Sexual impotence.
• Amputation of the male sexual organ to an extent that makes marital relations impossible.

Defects in the wife existing at the time of marriage that the husband is unaware of, including:

• Insanity.
• Qarn, meaning the existence of bone or excess flesh in the female sexual organ that prevents intercourse.
  Leprosy.
• Vitiligo or similar serious skin diseases.
• Afdha, meaning the connection of the urinary and menstrual passages.
• Blindness in both eyes.

Punishment for Fraud in Marriage

There are two legal avenues available in cases of fraud in marriage:

First, the deceived person may pursue a criminal complaint. In this case, the deceiving party may be sentenced to imprisonment for a term of six months to two years.

Second, the deceived person may send a formal legal notice to the other party declaring their intention to annul the marriage.

What Is the Status of the Dowry in the Event of Fraud?

Pursuant to Article 1101 of the Civil Code, whether or not marital relations have taken place, there is no entitlement to dowry for the deceiving party, since no right can arise from fraud. In addition, the spouses may suffer material or moral damages. If such damages are legally recoverable but cannot be compensated by annulment, or if annulment would impose hardship on the ordinary person, claims for compensation may be pursued in accordance with the law.

Iranian law expressly addresses this issue in two articles:

• Article 647 of the Islamic Penal Code: If either spouse, prior to the marriage, deceives the other by false representations such as possessing higher education, financial ability, social status, a particular occupation or position, single status, and similar matters, and the marriage is concluded based on such representations, the offender shall be sentenced to discretionary imprisonment from six months to two years.
• Article 1128 of the Civil Code: Whenever a specific attribute is stipulated in one of the parties to a marriage, and after the marriage, it becomes known that the person lacked the intended attribute, the other party shall have the right of annulment, whether the attribute was expressly stated in the contract or the marriage was concluded based upon it.

Frequently Asked Questions About Fraud in Marriage