'Urfi Marriage, an Egyptian Version of Cohabitation?1
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File File File or the early 1970s, and had had work experience follow- make the interconnectedness of people ever stronger, ing university education. the internet has emerged among young people as a way of publicly announcing a couple’s marriage. Legitimate Marriage from the Islamic Legal Perspective ‘Urfi Marriage and Similar Marriage Patterns in the Marriage, divorce, and inheritance in Egypt have been Middle East governed not by the Civil Code but by shari‘a (Islamic Nowadays, Egyptian television programs and films often law), which was codified in 1920 and 1929 as Personal deal with the theme of ‘urfi marriage as practiced among Status Law.4 Islamic law stipulates the “fundamentals” young people. Even though it is difficult to obtain an ‘Urfi marriage, 5 of marriage and “preconditions” for its validity. accurate sense of its prevalence because of its clandestine According to the Personal Status Law, several condi- nature, it is thought that ‘urfi marriage is quite prevalent tions should be met for marriage to be legally bound, especially among university students, and that it threat- and these include the existence of syghah (form), ens what seems to be an “Islamic” or “legitimate” way an Egyptian Version which consists of ijab (response) and qbul (acceptance); of marriage. The following paragraphs describe scenes the principles with regard to the prospective husband from one soap opera that was showing on Egyptian tele- and wife;6 and the existence of a wali (a legal guardian) vision, and which caught my attention when I was carry- 1 and a maudhun (a registrar of marriage), and mahr ing out my research in 2001. of Cohabitation? (dowry) given from a groom’s side to a bride for con- firming marriage.7 Very few religious leaders accept In one scene, a woman who is lying in a luxurious bed- that a woman can marry on her own initiative. Rather, room refuses to eat a meal brought to her by her moth- the majority of them take the view that “No marriage er. In another scene, a man sits alone in a humble room is valid when contracted by a woman on her own suffering from heartache because he cannot meet his behalf.”8 Islamic law stipulates that the wali should be lover. Suddenly, he stands up and decides that he will one of her paternal Muslim male relatives (usually the take his lover away from the house while her mother father), who must be sane, mature, and ‘adl (of good (who opposes their marriage because of the differences Ikran Eum character), and not be in a state of ihram (ritual conse- in social status) is absent. The man and the woman suc- cration of the Mecca pilgrim) for the hajj (pilgrimage) ceed in escaping from the house. In the shadow of the Department of Arabic Studies or ‘umra (a lesser pilgrimage). Pyramids, they whisper words of love to each other in the Myongji University, Seoul, Korea sunset, and decide to make their relationship bound Islamic law also states that two witnesses must be pre- through an ‘urfi marriage. Introduction marriage is more likely to be perceived as a “secret” sent at the signing of the marriage contract to ensure In Egypt, the term ‘urfi2 in relation to marriage means marriage. the correctness of the conditions of marriage. They are The scene changes and a group of young men and literally “customary” marriage, something that has typically selected from among the relatives or friends of women set off to the seaside in a rented minibus. While always existed in Egypt but nowadays tends mostly to The aim of this paper is to explore whether ‘urfi marriage each family. The two witnesses have to attest that there on the bus, they sing and drum to express their great joy. be secretly practiced among young people. Traditionally, is legitimate or illegitimate from the perspective of Islamic are no legal impediments to the marriage, such as, for Arriving at the beach, each couple walks along the according to Abaza,3 ‘urfi marriage took place not only law. In addition, through introducing examples of similar example, if the couple is in a blood, foster, or affinal seashore exchanging affirmations of love. With their for practical purposes (such as enabling widows to marriage customs practiced in Saudi Arabia and Iran, I relationship;9 if a previous marriage or triple divorce friends around them, they all act as witnesses for each remarry while keeping the state pension of their explore gender-specific notions of ‘urfi marriage. Finally, I exists; if there is social inequality or a difference of reli- other, and all sign marriage contracts. Each couple is now deceased husbands), but also as a way of matchmaking analyze the reasons why ‘urfi marriage prevails among gion; or if temporary obstacles are present, such as married, and they all head for a bungalow to consum- across classes (since men from the upper classes used young people in contemporary Egypt, and discuss these ‘idda (referring to a period of waiting by the woman fol- mate their marriages, except for one pair who are argu- ‘urfi marriage as a way of marrying a second wife from reasons in the context of the politico-economic situations lowing a previous marriage and before becoming ing. Having signed the marriage contract, the woman is a lower social class). In this way a man could satisfy his that face young people today. engaged in another marriage).10 In addition to the role hesitant about consummating the marriage, and the man sexual desires while retaining his honor by preserving of attesting the validity of the couple’s marriage, the angrily leaves her. his marriage to the first wife and his position in the In order to explore the trend, I conducted unstructured two witnesses play another significant role, which is to community to which he belonged, and keeping his sec- in-depth interviews with 54 individuals from the younger proclaim and announce (ishuhar and i‘lan) the marriage The scene changes again. The first couple, who have ond marriage secret. generation and 11 from the parents’ generation, all of to the public. been married on that day by ‘urfi style, are outside the whom were Muslim and from Cairo’s upper- and middle- woman’s house in the dark. They are reluctant to leave It is possible to maintain the secrecy of ‘urfi marriage, classes. Among the 54 young people, 23 were male and According to Islamic tradition and custom, announcing each other, but finally she enters her house after they not only because it is unregistered in the courts, but 31 were female, and among the parents’ generation, the marriage to the public is a way of separating “what have agreed to meet the following day. also because the couple typically do not establish a joint there were five males and six females. The age range of is permitted (al-halal) from what is prohibited (al- home when they are involved in this type of marriage. the young people varied from the late teens (mostly stu- haram)”.11 Traditionally, neighbors were notified of a If we analyze the scenes described in the soap opera from Living in their respective houses, they are rather bound dents at the AUC, Cairo University or ‘Ain Shams marriage by means of gunfire, the ululations of women, the perspective of legal marriage discussed in the former to each other as husband and wife through the unreg- University) to the early thirties (people who were in work, henna patterning stained on the skin, and loud music in section, it will be obvious that ‘urfi marriage lacks some istered marriage contract and sexual intercourse. Thus, having completed their university education). As for the the home of the bride’s parents. Today, however, in the of the most important conditions required for the legiti- in the current socio-cultural context in Egypt, an ‘urfi parents’ generation, they had married in the late 1960s era of globalization when highly-advanced technologies mate Islamic way of marriage, e.g., the existence of a 64 Volume XXI-XXII, Nos. 106-107, Summer/Fall 2004-2005 Volume XXI-XXII, Nos. 106-107, Summer/Fall 2004-2005 65 File File File or the early 1970s, and had had work experience follow- make the interconnectedness of people ever stronger, ing university education. the internet has emerged among young people as a way of publicly announcing a couple’s marriage. Legitimate Marriage from the Islamic Legal Perspective ‘Urfi Marriage and Similar Marriage Patterns in the Marriage, divorce, and inheritance in Egypt have been Middle East governed not by the Civil Code but by shari‘a (Islamic Nowadays, Egyptian television programs and films often law), which was codified in 1920 and 1929 as Personal deal with the theme of ‘urfi marriage as practiced among Status Law.4 Islamic law stipulates the “fundamentals” young people. Even though it is difficult to obtain an ‘Urfi marriage, 5 of marriage and “preconditions” for its validity. accurate sense of its prevalence because of its clandestine According to the Personal Status Law, several condi- nature, it is thought that ‘urfi marriage is quite prevalent tions should be met for marriage to be legally bound, especially among university students, and that it threat- and these include the existence of syghah (form), ens what seems to be an “Islamic” or “legitimate” way an Egyptian Version which consists of ijab (response) and qbul (acceptance); of marriage. The following paragraphs describe scenes the principles with regard to the prospective husband from one soap opera that was showing on Egyptian tele- and wife;6 and the existence of a wali (a legal guardian) vision, and which caught my attention when I was carry- 1 and a maudhun (a registrar of marriage), and mahr ing out my research in 2001.