The Jurisprudential and Legal Effects of Tadlīs al-Māshiṭa (Cosmetic Deception) through Modern Cosmetic Surgery in Marriage Contracts
Subject Areas : Private law
1 - PhD in International Law; Supervisor and Reviewer at Al-Thaqalayn International Satellite Network, Tehran, Iran
Keywords: Tadlīs al-māshiṭa, modern cosmetic surgery, marriage contract, deception in marriage.,
Abstract :
Cosmetic surgery is a modern and increasingly widespread phenomenon that has significantly influenced various dimensions of individual and social life. Because multiple actors participate in this process, it inevitably gives rise to numerous legal and jurisprudential challenges. In recent years, scholars of Imāmī jurisprudence as well as contemporary jurists have examined the legal status of cosmetic procedures, presenting arguments and enforceable legal consequences based on principles such as the lā ḍarar rule (no-harm principle), the rule of taslīṭ (authority over property), diyah (financial compensation), and general rules of liability. In the specific issue of tadlīs al-māshiṭa—a form of deceptive beautification—the jurists hold diverging views: some argue for the permissibility of cosmetic surgery, while others deem such procedures impermissible. In Iranian law, the legislator’s explicit reference in paragraph 2 of Article 59 of the Islamic Penal Code—which invokes “religious necessity” as a legal standard—illustrates the importance of jurisprudential considerations in legitimizing certain beautification practices. This research, conducted through a descriptive-analytical method and relying on library sources, analyzes the jurisprudential and legal implications of modern cosmetic surgery when it constitutes deception in the context of marriage contracts.
