Urfi marriage is perhaps one
of the most contentious sexuality issues that affects
young people in Egypt today. This article brings
the issue into perspective.
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wedding party held at El Minya Stadium in
Egypt last year. 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. Photo credit: Omar Mohsin, Courtesy
of Photoshare |
'Urfi (Secret) Marriage
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.
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.
[1] The 'Urfi 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 [2].
Consequences
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 because 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. While her husband could remarry, the wife is
in a more difficult position. If the wife remarries,
she could be accused of polyandry which is punishable
by seven years in prison in Egypt. The alternative
course of action is for her to remain single for the
rest of her life.
New Personal Status Law
The Egyptian government did not recognize 'Urfi marriages
until the year 2000 and the paper from the marriage
could be used only to prove the relationship in court.
A woman 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. While the new Egyptian law recognizes
the woman's right to seek divorce from an 'Urfi marriage,
the law however denies her alimony and child support.
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." [3]
Controversial Forms
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." [4]
References
1. Rizvi, S. M. (1994) "Contraceptives and Abortion"
(Chapter Four) in Marriage and Morals in
Islam http://al-islam.org/m_morals/chap4.htm
(accessed July 13, 2005)
2. Allam, A. (2000) Urfi delivers the goods, at half
the price, Middle East Times (International Edition)
February 18. http://www.metimes.com/articles/normal.php?StoryID=20000218-042017-5260r
(accessed on July 13, 2005)
3. Ibid.
4. El-Gawhary, K. (1995) "Sex Tourism in Cairo"
in Middle East Report 196, Vol. 25, no. 5,
September-October
* Culled from the entry “Urfi
marriage” (http://www.AnsweringIslam.info/Index/U/urfi_marriage.html)
in the Index to Islam provided by the website http://www.AnsweringIslam.info
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