Revealing one’s Status when Proposing

Lying and deception are two of the major sins that Islam greatly disapproves of. As such, it will not be permissible to lei or deceive the other party when proposing for marriage.

Sayyiduna Abu Huraira (Allah be pleased with him) narrates that the Messenger of Allah (Allah bless him & give him peace) said: “He who takes up arms against us is not of us; and he who cheats us is not of us.” (Sahih Muslim)

The Messenger of Allah (Allah bless him & give him peace) also said: “He who deceives is not of us.” (Sahih Muslim)

About lying and being dishonest, the Messenger of Allah (Allah bless him & give him peace) said:

“The signs of a hypocrite are three: When he speaks he lies, when he makes a promise he brakes it, and when he is given a trust, he breaches the trust.” (Sahih al-Bukhari & Sahih Muslim on the authority of Abu Huraira)

Therefore, if one is asked about his/her marital status and he/she clearly gives false information, then this, without doubt, is unlawful and the perpetrator will be sinful. Similarly, if one is not asked about his/her marital status, but the impression is other than the reality, then one must reveal whether he/she is divorced, widow, separated, etc, for this will also fall within the category of misleading and deception.

However, if the opposite party are unconcerned of your martial status, and they made it clear that it does not concern them whether one was married before or other wise, then it will be permissible to remain quite and not reveal one’s status.

If a woman is deceived with regards to the status of the boy, then in certain situations she will have a right to seek annulment of her marriage through the medium of an Islamic council.

Imam al-Haskafi (Allah have mercy on him) states:

“If she married believing him to be free (not a slave), Sunni or being able to provide her with the dowry (mahr) and financial support, but he turns out to be contrary to this, or the assumption is that he is such and such, son of such and such, but it turns out that he was an abandoned child (laqit), then in these cases, she will have a right to demand annulment of the marriage.”
Imam Ibn Abidin (Allah have mercy on him) states in his explanation:

“The right of dissolving the marriage is due to deception.” (See: Radd al-Muhtar ala al-Durr al-Mukhtar, 3/501)

Due to the above, some of the contemporary Hanafi scholars have stated that, if the man deceives the girl with regards to the status of his lineage, belief (aqida) or wealth (in that he is not able to pay her dowry or nafaqa), the girl will have a right to seek annulment of her marriage. (See: Muslim personal law by Majahid al-Islam al-Qasmi, P. 202)

The late Hanafi Faqih, Shaykh Mustafa al-Zarqa (Allah have mercy on him) states in his Fatawa:

“At the time of proposing for marriage, it is necessary that one mentions defects and diseases that are contagious or those that effect marriage, such as epilepsy, or sexual diseases and defects, such as al-Ratq.” (Fatawa Mustafa al-Zarqa, P. 266)

In conclusion, it will be necessary for one to reveal his/her status when proposing for marriage, for lying or deceiving is unlawful. In certain cases, the woman will have a right to demand annulment of marriage on grounds of deception.

And Allah Knows Best