Nikah 'urfi
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Nikah 'urfi (
Etymology
'Urfi (
In its modern context, 'Urfi is used to connote something that is different from official state ceremony or procedure. Thus a Nikah 'urfi' in an Islamic state may denote something similar to a common-law marriage in the west, while in some countries, such as Egypt, a Nikah 'Urfi is a marriage that takes place without the public approval of the bride's guardians, even though the contract is officiated by a religious cleric and sometimes by a state representative.
Legal issues
There are three criteria for defining legal issues in
- Shar'i: 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.[2] The 'Urfi marriage has always existed, but for different reasons.[citation needed] 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 remarrying. Now, however, it is mostly among university students and young couples who cannot afford the high cost of marriage.[citation needed]
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
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.[citation needed]
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.[citation needed]
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.[citation needed]
Traditional Islamic view
The part of a contract of marriage that is absolutely necessary, according to all Islamic schools – Sunni as well as
With regard to "'urfi marriage" – there are two types of this:[citation needed]
- Where the woman is married in secret, without the agreement of her wali (guardian).
- Some of the fuqaha' say that publicizing the marriage is one of the conditions of it being valid; again comparable to Western requirements of traditional Judeo-Christian marriages.[citation needed]
The former form of 'Urfi marriages, is commonly practiced by Salafi Muslims. Salafist practice of "urfi" follows the simplest of all procedures for marriages in the Islamic World. It doesn't stipulate parental consent, fee, official contract; etc. and even though such marriages have no legal value, its marital contract religiously recognises the union of the couple. Religious supporters of the practice argue that 'urfi marriages are necessary in the contemporary era and it would enable them to pursue cohabitation with partners of their choice, without being burdened by conventionally expensive weddings, while remaining devout in conservative societies. Hence, the custom is popular amongst university students across the Arab World and some campaign for its legalisation. However, according to critics such as Dalenda Larguèche, this social phenomenon has been revived by "reactionary influences" among poorer sections of the youth and assert that it has no place in modern, open societies.[4]
See also
- Islamic view of marriage
- Nikah Misyar
- Shotgun wedding
References
- ^
Hasso, Frances (2011). Hasso, Frances S. Consuming Desires: Family Crisis and the State in the Middle East (Stanford University Press 2011). Stanford University Press. ISBN 978-0804761567.
- ^ Marriage and Morals in Islam by Sayyid Muhammad Rizvi.
- ^ Zekrgoo, Amir H. (2000), The Sacred Art of Marriage: Persian Marriage Certificates of the Qajar Dynasty, Islamic Arts Museum Malaysia
- ^ "'Temporary marriage' on the rise in post-revolutionary Tunisia". France24. 31 January 2012. Archived from the original on 26 April 2017.