.

ISSN 2063-5346
For urgent queries please contact : +918130348310

REVEALING PRIVATE MARITAL MATTERS AND ITS PUNISHMENT: A COMPARATIVE JURISPRUDENCE STUDY

Main Article Content

Layla Ahmed Salem AlMashjari, Asma Salmeen Alaryani
» doi: 10.31838/ecb/2023.12.s3.807

Abstract

The dwelling house in Sharia and law has a sanctity, no one may enter it except with the permission of its landlord and with their knowledge, and at the time they want, and in the condition in which they like to meet people, because the violation of the sanctity of the dwelling house by those entering without permission makes their eyes breach the privacy of its family and its secrets. If anyone asks permission to enter, it is his duty to keep in confidence everything he has seen while he is inside the dwelling house and not to disclose it after leaving. Rather, permission was required for sight, which means that permission is lawful and ordered, but it was required so that sight does not fall on the haram, so it is not permissible for anyone to look through a peephole or anything else, which may lead to his sight falling on a foreign woman. Keeping marital secrets between spouses is of great importance, as it is not permissible to disclose them as the Prophet (PBUH) forbade it, except for a legitimate interest, so it is permissible for a man to talk about what is happening between him and his wife, if she claims that he is turning away from her or claims that he is unable to have sexual intercourse. Moreover, the preservation of marital secrets extends beyond the termination of marriage by death or divorce. Article 379 of the Federal Penal Code regulates the provisions of this offence in the form of obtaining a private conversation, taking or transmitting a person's picture in a private place, or publishing pictures or news related to the secrets of private or family life by any means of publicity. It is also regulated by Article (21) of the Law on Combating Information Technology Crimes, and Article (79) of the Press and Publications Law.

Article Details