Service of Magharebia
By: Saloua Charfi

Orfi marriage, i.e. common-law marriage, was a common practice in areas with the highest illiteracy rates, especially rural ones.
People celebrated their union in accordance with Sharia requirements, namely the consent of the guardian, the presence of two witnesses, the dowry and a ceremony to publicize the marriage.
Although the contract was not written, the aforementioned conditions guaranteed the rights of spouses and children – or family rights, in other words -, since the entire village or neighbourhood witnessed the union…
Today, all Muslim countries require a written contract filed with the civil registry, which is more consistent with the Sharia. The Qur’an clearly states that contracts should be written, except for illiterate people who need to make contracts in the presence of two witnesses.
It is for this reason that most experts in Islamic law, the fuqahas, deny Orfi marriage any legal, religious or social legitimacy.
Today’s practice has nothing to do with yesteryear’s Orfi marriage that respected all the rules. In most cases, two young students would recite the Fatiha without any witnesses, and proclaim themselves to be united before God.
However, such a union does not guarantee the rights of spouses, and of the children resulting from this marriage. The wife may contract as many marriages as she wants since nothing proves that she is married. This happened in Egypt.
The same applies to the husband. Moreover, in the case of polygamy, none of the co-wives would be aware of it. One of the wives might financially help her husband buy a house, for example, while believing that the only heirs are her children.
The worst part about Orfi marriage is when the husband refuses to acknowledge paternity, thus depriving the kids of any resources and the evidence of their parentage.
Therefore, one cannot speak about the freedom of choice, because freedom involves ensuring the rights of others, especially innocent children.
In light of all these shortcomings, Orfi marriage is mere concubinage that lacks legal guarantees and recognition in Muslim countries.
There are undoubtedly increasing complaints and articles condemning any marriage… more
Orfi marriage – called Fatiha marriage in Algeria – is… more
Many religious texts confirm the importance of family as a… more
Your Comments
commentsAnonymous About about 1 year ago
The marriage within the Sharia is not a form of ignorance ; in the contrary, it’s a form of civilization since it’s well defined and governed by law, and since the contract may be verbal and made in the presence of witnesses.
Report Abuse
Anonymous About about 1 year ago
This is a very important subject and the law must dedicate a whole section about it and reprimand everyone going this way because a lot of people started taking this path and they are making a conscious choice not a random one, and I want the law to be applied to anyone who adopts it except the few that are in remote areas. As for those in the cities they must be punished because they leave children behind without identity, a disaster for society and themselves at the same time, peace
Report Abuse
Anonymous About about 1 year ago
Peace be upon you: With all due respects I would like to say a word. You are the selfish ones and have appointed yourselves to represent women in your societies and talked and talked and are still talking about marriage. And you have all agreed that man is a social scourge if he dares say that he to marry someone else. You trapped him … And cornered him and pressured him and alienated him … until he ended up in the wrong path, the one that you pretended you were protecting him from, as well as the whole community, including children. However, your behavior increased adultery and out-of-wedlock births- and if these were avoided, thanks to men’s will, you accused him of looking at women illicitly, various mental illness due to repression, the so-called masturbation and sexual deviation and… drugs and all other vices. Men are not the only victims of your behavior but women themselves are victim of mental illness and difficult problems, which no solutions and no one to solve them- from lesbianism to suicide to spinsterhood to infertility due to hopelessness from becoming mothers. … etc..
You have no problem with statistics but fear the second wife despite her benefits throughout the ages and in all societies of different religions. You pretend to love women and harmony and coherence and productivity in society. The second wife is an important element in the development of society, so why fight her with all your might and money. Her presence at home relieves the first wife by sharing with her all duties through good cooperation and provide the best family atmosphere. She also reduces the chances of men seeking divorce and developing aversion toward their first wives. She is the missing link in the chain of development of society and its balance and stability at low cost. I do not see in all that has been written against the second wife and hating her but the following:
- You want to spread adultery and immorality in society.
- Establish devious behavior and “excessive motherhood” – or so to speak -.
- Encourage prostitution in streets and various clubs and public places starting from the Universities and their surroundings.
- Increase the spread of drugs and AIDS and others.
- Spread of murder and blood in the community
Report Abuse
Anonymous About about 1 year ago
Yes and the marriage certificate can be established before a notary in the presence of witnesses.
Report Abuse
Anonymous About about 1 year ago
According to Islamic law, the marriage requires the presence of two witnesses, the agreements of the guardian, of the wife and of the husband, a dowry and the publicity of the marriage. The rules imposed by substantive law have nothing to do with Islam.
Report Abuse