Social Spaces and Observing Marital Rights (Part Two)
2. Conceptual Analysis:
The significance of conceptual analysis in research becomes more evident when certain scientific terms and expressions are ambiguous in their application or carry various, closely related meanings. Furthermore, in studies, delineating the scope of application for each scientific term is considered a key aspect of research. The clarity of the researcher’s depth of investigation, follow-up, and mastery of the subject matter is also tied to the precise explanation of the terms used in the research.
1.2. Sirr (Secret)
The term “Sirr” (secret), which is one of the key terms in this study, requires examination both linguistically and terminologically, as well as clarification of the intended meaning within the context of this research.
a) Linguistically:
The term “sirr” is an Arabic word, defined by linguists as the act of concealing something or keeping one’s intention hidden in the heart. Its plural form is “Asrār.”
b) Terminologically:
It appears that juristic texts have employed the linguistic meaning as the terminological one due to the clarity of the word’s meaning or the lack of significant deviation between its terminological and linguistic usages. As such, no specific terminological definition has been provided beyond its linguistic meaning. This has led contemporary researchers in the field of Islamic jurisprudence to propose various definitions for this term. Among these, the briefest and clearest definition of “sirr” is as follows:
Sirr (secret) is “anything whose concealment is explicitly or implicitly required by Islamic law (shar‘an) or societal norms (‘urfan).”
Some terms used in this definition require further clarification. However, it is worth noting that the aforementioned definition has been adopted in this research due to its comprehensiveness and conciseness.
The term “anything” (mā) encompasses all material and immaterial matters related to individuals.
“Explicit” (ṣarāḥah) refers to all cases where a person directly shares something about themselves with another (e.g., poor exam results) or where someone learns something about them (e.g., their poor health) without prior disclosure, provided that the individual explicitly asks for the information to remain confidential.
“Implicit” (dalālah) covers instances where a person communicates something in a way that implies confidentiality (e.g., speaking softly and privately or exchanging personal messages via private platforms). It also includes cases where the nature of the information itself demands discretion, as dictated by reason, such as sharing sensitive personal issues with a psychiatrist.
“By Islamic law” (shar‘an) pertains to matters where religious teachings explicitly require privacy and confidentiality, such as marital secrets.
“By societal norms” (‘urfan) includes all issues and subjects that cultural, professional, or regional customs, as well as the norms of social life, dictate should remain confidential. Examples include physical flaws or mental health challenges that individuals typically prefer not to disclose or publicize.
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