Controversy over new proposed law to criminalize ‘urfi marriage

CAIRO - 21 August 2018: Unregistered marriage, which always has been controversial in Egypt, recently resurfaced with Parliamentarian Amna Nouser’s suggestion to criminalize it.

Known as 'urfi marriage, calls for forbidding it are common as the practice is believed not to be in line with Egyptian social norms. It has also been associated with issues pertaining to the wife’s and children’s rights over time.

According to the Central Agency for Public Mobilization and Statistics (CAPMAS), the number of customary marriage contracts legally ratified during 2014 reached 88000 contracts. The number of other 'urfi marriage contracts, which are not legally ratified, remains unknown.

Despite all the social problems this kind of marriage may cause, several religious scholars insist that it's not religiously forbidden in accordance with the sharia law, and accordingly it cannot be prohibited by law.

In statements to Egypt Today on Monday, Nouser explained that her intentions to issue a new law project to be discussed by the parliament regarding prohibiting this type of marriage comes as a result of all the problems it causes to women and children. "What we couldn't fix by religion, will be fixed by law," Nouser stated.

She also spoke about the wave of criticism she had to face since announcing her intentions. "I thought people are going to stand in solidarity with me to put an end to this phenomenon, which threats families and children," Nouser said.

Omar Hamroush, the secretary of the House of Representatives’ religious committee, had a different opinion regarding criminalizing ‘urfi marriage. He reiterated the argument that the practice should not be legally prohibited since Islam allegedly permits it.

He added that perhaps society needs more campaigns to raise awareness regarding customary marriage in Egypt, but banning it by law will only increase the problem, in his view.

Ahmed Karima, a professor of Islamic Comparative jurisprudence at Al-Azhar University said that if the new law proposed by Nouser was ratified, most of Egyptians will be jailed. "There are more than fifteen type of this marital practice, and for several reasons; which type does she wish to ban?" Karima told Al-Masry Al-Youm on Thursday, August 16.

Counselor Abdullah al-Baja, head of Cairo Court of Appeals, said in other statements to media outlets that marriage is about a proposal and acceptance. "If those two terms were obtained by the marriage, then there is no crime for anyone to be jailed for," he argued. "’Urfi marriage cannot considered to be a crime, unless the man married a girl under duress," al-Baja said.

Nouser’s suggestion to criminalize customary marriage will be discussed by parliament during upcoming sessions. He proposal suggests a jail sentence of up to one year for men in a ‘urfi marriage.