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عقد زواج عرفى

English translation: customary marriage contract

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Arabic term or phrase:عقد زواج عرفى
English translation:customary marriage contract
Entered by: Abby Gomaa
Options:
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15:14 Mar 19, 2006
Arabic to English translations [PRO]
Other
Arabic term or phrase: عقد زواج عرفى
Is this a Civil Marriage Contract?
Abby Gomaa
Local time: 03:27
customary marriage certifcate
Explanation:
i'm sure this is already in the glossary
Selected response from:

Aisha Maniar
Local time: 08:27
Grading comment
Thank you very much
4 KudoZ points were awarded for this answer



Summary of answers provided
5 +2customary marriage certifcate
Aisha Maniar
5common law marriage certificateAhmed Al-Rouby
4Conventional Marriage Contracthatemfathy
3 -1Common Law Marriageatef Sharia


  

Answers


5 mins   confidence: Answerer confidence 5/5 peer agreement (net): +2
customary marriage certifcate


Explanation:
i'm sure this is already in the glossary

Aisha Maniar
Local time: 08:27
Native speaker of: Native in EnglishEnglish
PRO pts in category: 28
Grading comment
Thank you very much

Peer comments on this answer (and responses from the answerer)
agree  Mohamed Gaafar
1 min
  -> thank you

agree  Iman Khaireddine
1 min
  -> thank you

neutral  atef Sharia: In international law, customary law refers to the Law of Nations or the legal norms that have developed through the customary exchanges between states over time, whether based on diplomacy or aggression.
2 hrs
  -> in this context, it's a euphemism for "tribal marriage". There is no concept of "customary marriage" in Anglo-Saxon cultures and this is the easiest way of approximating the idea. Common law is quite something else as it what u refer to in your comment
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2 hrs   confidence: Answerer confidence 5/5
common law marriage certificate


Explanation:
This translation is derived from a specialized dictionary.

Check hits of this translation in all Arabic search engines. And check hits of the supported translation here.

Ahmed Al-Rouby
Local time: 10:27
Native speaker of: Native in EnglishEnglish, Native in ArabicArabic
PRO pts in category: 4
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1 hr   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): -1
Common Law Marriage


Explanation:
I know you my surprised, but if you revise the Common Law Marriage and its history in USA and UK, you will find that it looks like زواج عرفي in some aspects. So why not to choose a term that is nearer to be understood? See the article in the link


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Note added at 1 hr (2006-03-19 16:51:19 GMT)
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In order for a common law marriage to be found to be valid, the party must prove that the man and the woman, before two witnesses, declared their present intent to be married by saying to each other words similar to: "From this date forward, I consider you to be my [wife] [husband]." There are no "magic words"; they only need to convey a present tense intent to be married.
http://www.divorcenet.com/states/pennsylvania/pa_art08

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Note added at 3 hrs (2006-03-19 18:21:19 GMT)
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Aisha, when to choose a term, should be used in such a way that not to confuse the reader and mix it to with his understandable terms, when to choose " customary marriage", this will be related to Customary law. Customary law as per definition is
In law, custom, or customary law consists of established patterns of behaviour that can be objectively verified within a particular social setting. The modern codification of civil law developed out of the customs, or coûtumes of the middle ages, expressions of law that developed in particular communities and slowly collected and written down by local jurists. Such customs having the force of law when they because the undisputed rule by which certain entitlements (rights) or obligations were regulated between members of a community. The Custom of Paris, which was the customary law that was recognized within the city of Paris was the basis for the Civil Code of Lower Canada.
In international law, customary law refers to the Law of Nations or the legal norms that have developed through the customary exchanges between states over time, whether based on diplomacy or aggression. Essentially, legal obligations are believed to arise between states to carry out their affairs consistently with past accepted conduct. These customs can also change based on the acceptance or rejection by states of particular acts.
Some principles of customary law have achieved the force of peremptory norms, which cannot be violated or altered except by a norm of comparable strength. These norms are said to gain their strength from universal acceptance, such as the prohibitions against genocide and slavery.
Customary international law can be distinguished from treaty law, which consists of explicit agreements between nations to assume obligations. Many treaties, however, are attempts to codify pre-existing customary law


this has nothing to do with زواج عرفي which is almost not acceptable by most Arabian societies and laws.
If you look carefully to the Common Marriage definition, you will find it similar to زواج عرفي , you may need to look for the definition of it in Arabic also.


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Note added at 3 hrs (2006-03-19 18:28:54 GMT)
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ونخلص مما سبق أن تعريف الزواج العرفي ينحصر في كونه عقداً عرفياً بمقتضاه يحل للعاقدين الاستمتاع ببعضهما على الوجه المشروع بمجرد ثبوت التراضي فيما بينهما شريطة وجود شاهدي عدل على هذا الزواج ليتحقق شرط الإشهاد في نظر عاقديه

compare this with the Common marriage definition


In order for a common law marriage to be found to be valid, the party must prove that the man and the woman, before two witnesses, declared their present intent to be married by saying to each other words similar to: "From this date forward, I consider you to be my [wife] [husband]." There are no "magic words"; they only need to convey a present tense intent to be married.



    www.oneplusone.org.uk/marriedornot/ PDF/CommonLawMarriage.pdf
atef Sharia
Jordan
Local time: 10:27
Native speaker of: Native in ArabicArabic
PRO pts in category: 4

Peer comments on this answer (and responses from the answerer)
disagree  Aisha Maniar: not at all! this is confusing two completely different things
7 mins
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1 day22 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
Conventional Marriage Contract


Explanation:
I belive we should differentiate between Customary Marriage which is the normal agreed upon and prevailing way of marrige in a certain community such as some Bedouin tribes, and between the Conventional Marriage which is a back-door way of marriage ignoring a legal established official marriage.

So in certain countries a couble marriage could be recognized because it's "customary" , on the other hand in Egypt for examble a couble marriage is not recognized because it's not customary but it's "conventional".

hatemfathy
Local time: 10:27
Specializes in field
Native speaker of: Native in ArabicArabic
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