'URFI MARRIAGE
There are three criteria of defining legal issues in Islamic jurisprudence (fiqh):
Shari : Something that is clearly defined in the shariah.
'Urfi : Conventional or common tradition. An 'Urfi definition is acceptable
to the common people without any scientific or shari precision.
Ilmi : A definition presented by science.
If the shariah defines something, all Muslims must follow that definition.
If the shariah is silent on an issue, Muslims should follow the 'Urfi definition.
(Source: Sayyid Muhammad Rizvi, Marriage and Morals in Islam,
Chapter Four)
The 'Urfi marriage is a marriage without an official contract. Couples repeat the words,
"We got married" and pledge commitment before God. Usually a paper, stating
that the two are married, is written and two witnesses sign it. The Egyptian
government did not recognized 'Urfi marriages until 2000 and the paper could
be used only to prove the relationship in court. A women could not get a divorce
since the government did not recognize the marriage in the first place. Under the
new personal status law passed on January 29, 2000 however, divorces from 'Urfi
marriages are now recognized.
According to Madiha Al Safty (Professor of Sociology at the American University
in Cairo), the 'Urfi marriage has always existed, but for different reasons.
"In the past, it was common among the widows of soldiers who had huge pensions
and they did not want to lose it by officially re-marrying. Now, however,
it is mostly among university students and young couples who cannot afford
the high cost of marriage." (Abeer Allam,
Special
to Middle East Times, 18 February 2000)
Undocumented 'Urfi marriages are increasingly popular among Egyptian youth.
The high cost of marriage forces many young couples to wait several years before
they marry. Conservative Egyptian society forbids sex before marriage, so many
young people consider the 'Urfi marriage a solution. 'Urfi marriages are conducted
by a Muslim cleric in the presence of two witnesses. However, they are not officially
registered and are not financially binding on the man. Couples married in this way
often meet in secret and avoid the expense of renting an apartment. The 'Urfi marriage
can be disastrous for the wife. If the husband leaves her without granting her
a divorce, she had no legal right to seek a divorce since 'Urfi marriage was considered
illegal under the old status law. Her husband could remarry. The wife is in a more
difficult position. If the wife remarries, she can be accused of polyandry which
is punishable by seven years in prison in Egypt, or she could remain single for
the rest of her life.
The new Egyptian law (passed in 2000) recognizes the woman's right to seek
divorce from an 'Urfi marriage. However, the law denies her alimony and
child support.
There are also controversial, unofficial "'Urfi" marriages, where a couple
signs documents declaring themselves married. The couple does not inform
their families of the marriage. Many Egyptian clerics are against this type
of 'Urfi marriage calling it a cover for pre-marital sex.
An extreme form of 'Urfi marriage is known as zawag al-'urfi:
To give prostitution an Islamic cover, some women enter into secret marriage
contracts with their summer visitors. Known in Egypt as zawag al-'urfi,
this contract is made without witnesses and typically ends in divorce by
summer's end. Most of Egypt's Islamic scholars condemn this use of zawag
al-'urfi. (Source: Tourism and the Business of Pleasure,
Middle East Report 196, Vol 25, No 5 September-October 1995)
Other articles:
Mut'a Marriage,
Misyar Marriage,
Part-time Marriages (newspaper article)
Further reading: Women in Islam
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