Nikah 'urfi
Nikah 'urfi (Arabic: نكاح العرفي) is a "customar [marriage contract] that commonly requires a walī (guardian) and witnesses but not to be officially registered with state authorities. Couples repeat the words, "We got married," and pledge commitment, although there are many other informal ways people marry 'urfi. Usually, a paper stating that the two are married is written, and at least two witnesses sign it, although others may record their commitment on a cassette tape and use other forms of documentation. Most Arab countries do not recognize 'urfi marriages and do not allow partners to get a 'legal' divorce since the government does not recognize the legality of the marriage in the first place. Unlike regular marriages, most 'Urfi contracts are not publicized, are short-term in practice, and do not require men to provide maintenance for the women. Sometimes these relationships are a way for people to have sexual relations within what is perceived to be a religiously licit framework. In many instances, 'Urfi marriages are contracted without the permission of the woman's male guardian (Wali), and the relationship is often kept secret from family members.
Etymology
'Urfi (Arabic: عرفي) comes from the Arabic word 'Urf, which means custom, convention, or a customary act. Many Sunnis who adhere to the Ahle-Sunnath Wal Jamath and Sufi point of view have often criticized this practice and have related it to prostitution. The term 'Nikah Misyar' has not been used as a legal term in historical Sunni jurisprudence and is argued by many Sunnis to be something new that does not fit in within the Sunni tradition.
In its modern context, 'Urfi is used to connote something that is different from the 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 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. 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 remarrying. Now, however, it is mostly among university students and young couples who cannot afford the high cost of marriage.
Undocumented 'Urfi marriages are increasingly popular among Egyptian youth. The high cost of weddings forces many young couples to wait several years before marrying. 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 legally 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 in legal terms. If the husband leaves her without granting her a divorce, she had no legal right to seek a divorce since 'Urfi marriage is considered illegal. 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, wherein 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.
- More information is available at [ Wikipedia:Nikah_'urfi ]
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