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Orfi contracts on the pavement
Published in The Egyptian Gazette on 19 - 03 - 2013

“You can marry for just LE3," says a man selling books by popular writers such as Taha Hussein and Abbas el-Aqad on the pavement, referring to the unofficial orfi (illegal marriage) contracts he also sells. Seeing such contracts lying on the pavement is really very strange for Egyptians.
Orfi marriage is a marriage without an official contract, with the couple just saying “We've got married" and pledging this commitment to each other on a piece of paper.
They then sign the paper and, whether there are witnesses or not, the man takes one copy and the woman, who has just become his wife, gets another copy.
Most Islamic countries do not recognise orfi marriage and the partners cannot get a legal divorce either, as the Government doesn't recognise the legality of such marriages.
Orfi marriage is looked down upon by society in its capacity as a secret union, because it usually takes place without the knowledge or approval of the bride and groom's families. Publicity is therefore a condition in legal, Islamic marriage.
In a legal marriage, according to Egyptian tradition, the suitor should have an apartment, whether rented or owned. He usually pays the bride a dowry, whose size depends on his social and economic standing, as well as buying the shabka (wedding rings and other gold jewellery) and paying for the wedding party.
All of this is a huge expense for most grooms. In the meantime, the bride usually buys some of the furniture and kitchenware, as well as the bridal accessories.
None of this is obligatory in orfi marriages, which means that these secretive marriages are generally very cheap, unlike legal marriages.
“Although secretive orfi marriage is not considered as a marriage and therefore prohibited in Islam, some young men resort to this illegal method, because they cannot afford to get properly married," says Mohamed Shaaban, 30, who works behind the till in a supermarket. “In fact, there are many reasons for young men getting married like this."
Shaaban says that poverty, illiteracy, spinsterhood and unemployment are also to blame, adding that many young people cannot afford to buy or even rent a flat to marry in, which is why they resort to orfi marriage without their families' knowledge.
They just want to satisfy their sexual desires without taking any responsibility, under the guise of a marriage that is prohibited.
“These orfi contracts started appearing in the streets a few months ago, having been taken from some lawyers. They only cost LE3," says Ahmed Ibrahim, another bookseller. “Men young and old buy these contracts," adds Ibrahim, who's been selling books for six years now.
“It's just like selling books – my customers can either take them or leave them. But of course selling these contracts is good business for me."
According to a recent study conducted by the Central Agency for Public Mobilisation and Statistics in co-operation with the National Centre for Sociological and Criminological Research, 400,000 couples in Egypt have married the orfi way, 17 per cent of them being college students.
The study also notes that there are 15,000 paternity lawsuits in the family courts.
“The girl is the one who is harmed by orfi marriage, because it doesn't give her any legal rights," says Ahmed Ali, a lawyer. “If she gives birth, their child doesn't have the right to take his father's name, unless the court says so."
He adds that, if she loses her copy of the contract, she will fail to prove that the baby's father is the man she married the orfi way, spelling tragedy and shame for the child's mother and her family.
“Some of the men who marry this way are convinced that they are helping to deal with the problem of spinsterhood," says Ayman Moftah, 36, a taxi driver.
“Many men resort to orfi marriage, so their wives won't know that they're going to remarry. They believe that the secret union of a so-called orfi marriage would acquit them of the responsibility of having two wives and therefore two homes, something they cannot afford."
Many clerics warn women not to marry secretly as this kind of marriage is prohibited in Islam.
However, some clerics say that orfi marriages are not prohibited in Islam, as long as the condition of publicity is met, but it deprives the wife of the right to inherit from her husband, if the contract is not officially registered.
Islam wants to preserve women's rights, which is why marriage must be legal and public, so that everyone knows that this man has married this woman and he will give his name to their children, with them and his wife having the legal right of inheritance.
According to Noha Ali, there is no difference between illegal orfi marriage and a casual sexual relationship.
“The Government must stop these contracts being sold in the streets, as this encourage people to sin in the name of ‘marriage'," adds Noha, 25, a housewife.


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