- Nikah 'urfi
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Part of a series on Islamic
jurisprudence
(Fiqh)PoliticalEtiquetteIslamic studies Nikah 'urfi is a kind of Muslim marriage. It is similar to the Nikah ceremony. An '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. Most Islamic countries do not recognize 'Urfi marriages and no partner can get a 'legal' divorce since the government does not recognize the legality of the marriage in the first place.[citation needed]
Contents
Etymology
'Urfi (Arabic: عرفي) comes from the Arabic word 'Urf, which means custom, convention, or a customary act. Only some Sunnis believe in 'Urfi whereas a large majority do Misyar. Misyaar marriages are very common in Arab countries and are meant to receive sexual gratification in a legitimate way.
In its modern context, 'Urfi is used to connote something that is different to 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.[1]
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.
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 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, 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.
Sunni view
In the Islamic law (Shari`ah) all marriages are done with two witnesses, a guardian of the female (under normal circumstances it would be the father) and there is no need for any written or verbal contract of the type mentioned in this article for the marriage at all, except if the woman wishes then she can set conditions for her husband (none of which must be against Islam in any way) like "I want you to study the Qur'an hard and study to become a scholar of Islam". The only part of a contract in marriage that is absolutely necessary is that it is agreed to by the man and the woman to be married and whether it is verbal or written makes no difference, hence the witnesses.
With regard to “ ‘urfi marriage” – there are two types of this: 1 – Where the woman is married in secret, without the agreement of her wali (guardian). If that is the case then it is a haraam marriage contract which is not valid, because the agreement of the wali is one of the conditions of the marriage contract being valid. وعن أبي موسى قال : قال النبي صلى الله عليه وسلم : " لا نكاح إلا بولي " .
It was narrated that Abu Moosa said: Muhammad said: “There is no marriage without a guardian.” (Narrated by al-Tirmidhi, 1101; Abu Dawood, 2085; Ibn Maajah, 1881. )
It was narrated that ‘Aa’ishah said: Muhammad said: Any woman who gets married without the permission of her guardian, بغير إذن وليها فنكاحها باطل فنكاحها باطل ، فنكاحها باطل her marriage is invalid, her marriage is invalid, her marriage is invalid. But if the marriage is consummated then the mahr is hers because she has allowed him to be intimate with her. If they dispute, then the ruler is the guardian of the one who has no guardian.” (Narrated by al-Tirmidhi, 1102; Abu Dawood, 2083; Ibn Maajah, 1879. )
2 – It should also be noted that some of the fuqaha’ say that publicizing the marriage is one of the conditions of it being valid, which is not far from the truth.
Publicizing the marriage demonstrates the difference between marriage and immoral relationships. This is supported by the words of Muhammad: “The difference between what is halaal and what is haraam is beating the daff and raising the voice at weddings.” Narrated by al-Tirmidhi, 1088; al-Nasaa’i, 3369; Ibn Maajah, 1896. Ibn al-Qayyim said: The Lawgiver has stipulated four conditions for marriage in addition to the marriage contract, in order for there to be no suspicion of immoral conduct: it should be publicized, there should be a wali (woman’s guardian), the woman should not do the marriage contract herself and it is mustahabb to beat the daff and raise voices (in song) and give a waleemah (wedding feast), because that does away with the means that may lead to immoral actions under the guise of being married.[citation needed]
See also
- Islamic view of marriage
- Nikah Misyar
References
- ^ Marriage and Morals in Islam by Sayyid Muhammad Rizvi.
External links
Categories:- Marriage in Islam
- Types of marriage
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