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الزواج العرفي

English translation: 'urfi marriage (depending on context: consensual union; companionate marriage; concubinage; customary marriage; common-law marriage; de facto marriage; unregistered marriage)

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Arabic term or phrase:الزواج العرفي
English translation:'urfi marriage (depending on context: consensual union; companionate marriage; concubinage; customary marriage; common-law marriage; de facto marriage; unregistered marriage)
Entered by: Michael McCain
Options:
- Contribute to this entry
- Include in personal glossary

09:12 May 15, 2006
Arabic to English translations [PRO]
Social Sciences - Social Science, Sociology, Ethics, etc. / market research
Arabic term or phrase: الزواج العرفي
و بدون تردد يحرم الشيخ "يوسف" زواج المتعة الذي يمارسه الشيعة (الشيعة مذهب معترف به من الأزهر الشريف)، و يحرم الزواج العرفي حتى لو توافرت له كافة الشروط الشرعية و كذلك يحرم زواج المسيار. و حين سألته عن حل شرعي (بديل)لتلك الصيغ يتيح للعوانس والارامل والمطلقات إشباع إحتياجاتهن البيولوجية أجابني: عليهن بالصوم
Michael McCain
France
Local time: 20:53
urfi marriage
Explanation:
I guess it's a bit of a culture-specific term, so I like to transliterate to avoid mixing it with other concepts.

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Note added at 5 hrs (2006-05-15 15:04:04 GMT)
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To Algtranslator: Since we can’t reach an identical equivalent in the foreign language we translate to, I personally prefer transliteration that will convey the term more precisely to English. The foreigner might find it more appealing thru the cultural touch the term holds. The question is: does transliteration of ‘this term’ makes a problem?! Does it confuse? Does it mix with other concepts? Thanks
Selected response from:

Ramadan Bekheet
Egypt
Local time: 20:53
Grading comment
Thank you rbekheet and everyone else. I think transliterating + an English equivalent or explanation - depending on the target audience - is a safe approach.

Abu Arman's suggestion was helpful:
http://unterm.un.org/DGAACS/unterm.nsf/WebView/280A416D0423681C852569FD00067F43?OpenDocument

As was this definition:
http://www2.stats.govt.nz/domino/external/omni/omni.nsf/wwwglsry/consensual+union


4 KudoZ points were awarded for this answer



Summary of answers provided
4 +4informal/unregistered marriage
Eman Riesh
5 +3urfi marriage
Ramadan Bekheet
5 +2COMMON LAW MARRIAGE
abdallah1949
5Unconditioned Marriage
Jihad Saffouri
5Tradional Marriage or Marriage according to local traditions
John Colangelo
5marriage by agreementzax
5Customary MarriageMayssa Allaf
4 -1informal marriage (Islamic Sharia'ah)/unregistered marriageHassan Al-Haifi (wordforword)


Discussion entries: 19





  

Answers


14 mins   confidence: Answerer confidence 5/5 peer agreement (net): +2
COMMON LAW MARRIAGE


Explanation:
During my stay in U.S.A I came across friends who were not officially married(through the church),but still like boy and girl friends until they come to conclusion that they are fit to each other ,to be followed by church formalities etc.


    Reference: http://shawirmah123@yahoo.com
abdallah1949
Local time: 21:53
Specializes in field
Native speaker of: Native in ArabicArabic

Peer comments on this answer (and responses from the answerer)
neutral  Hassan Al-Haifi (wordforword): It should be ntoed that this type of marriage is applicable to Islamci societies and attempts to equate it with Western norms are unhelpful to say the least.
23 mins

agree  Khalid Hantash: I agree
49 mins

agree  shfranke: Abdallah is correct. This expresion might also fit the concept of "mutaa'" or temporary marriage.
3 hrs

agree  sktrans
4 hrs

agree  ahmed ismaiel owieda
4 hrs

disagree  Ala Rabie: irrelevant by all means! الزواج العرفي is not a 'common law' thing in the islamic/islam-ish culture, on the contrary, it is highly condemned and that's why it is kept secret to any party outside the couple.
5 hrs

agree  atef Sharia: I refer to my answer in for the same question before http://www.proz.com/kudoz/1285730
5 hrs

disagree  Eman Riesh: Sorry to disagree, but the way you described it is totally unacceptable in our islamic societies. So how could this be applied to an islamic term?
10 hrs

disagree  Ahmed Ali: Common law "marriage" is not an acrual marriage. It a status which has recently been accepted in the west. It is by no means Islamic at all. Zawaj 3orfi's definition is no similar to Comman law status. Perhaps, a transliteration & a footnote are best.
18 hrs
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16 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +4
informal/unregistered marriage


Explanation:
I think the important feature of this kind of marriage is its informality, which always results in loss of the wife's rights and also the children's.

Eman Riesh
Local time: 20:53
Works in field
Native speaker of: Native in ArabicArabic, Native in EnglishEnglish

Peer comments on this answer (and responses from the answerer)
agree  Ala Rabie: thanks for the other day, jasmen :)
7 mins
  -> and thank you too for all, enshrine

agree  algtranslator: That's a GOOD way to translate it!!
14 mins
  -> Thank You algtranslator, and you're right in your comment above

agree  Hassan Al-Haifi (wordforword): I had not seen your input until I was finished putting in mine. However, from a religious and moral standpoint the children and wife are entitled to the same rights notwithstanding the common law nature of the marriage. That is why I would not concede f
18 mins
  -> Thank you wordforword for your generosity

agree  Nagwan Noaman
4 days
  -> Thank You, Dear Nagwan
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1 hr   confidence: Answerer confidence 5/5
Customary Marriage


Explanation:
Urfi (meaning "customary, unofficial") marriages are a strange contemporary phenomenon in Egypt. Basically, Egyptian couples can get married both ...
www.popmatters.com/columns/lindsey/050627.shtml


    Reference: http://translate.google.com/translate?hl=en&sl=ar&u=http://w...
    Reference: http://www.aqoul.com/archives/2006/02/customary_marri_1
Mayssa Allaf
Local time: 19:53
Works in field
Native speaker of: Native in ArabicArabic
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46 mins   confidence: Answerer confidence 5/5 peer agreement (net): +3
urfi marriage


Explanation:
I guess it's a bit of a culture-specific term, so I like to transliterate to avoid mixing it with other concepts.

--------------------------------------------------
Note added at 5 hrs (2006-05-15 15:04:04 GMT)
--------------------------------------------------

To Algtranslator: Since we can’t reach an identical equivalent in the foreign language we translate to, I personally prefer transliteration that will convey the term more precisely to English. The foreigner might find it more appealing thru the cultural touch the term holds. The question is: does transliteration of ‘this term’ makes a problem?! Does it confuse? Does it mix with other concepts? Thanks

Ramadan Bekheet
Egypt
Local time: 20:53
Native speaker of: Native in ArabicArabic
PRO pts in category: 4
Grading comment
Thank you rbekheet and everyone else. I think transliterating + an English equivalent or explanation - depending on the target audience - is a safe approach.

Abu Arman's suggestion was helpful:
http://unterm.un.org/DGAACS/unterm.nsf/WebView/280A416D0423681C852569FD00067F43?OpenDocument

As was this definition:
http://www2.stats.govt.nz/domino/external/omni/omni.nsf/wwwglsry/consensual+union


Peer comments on this answer (and responses from the answerer)
neutral  algtranslator: That work sometimes... It makes sense to us but not to readers of diffirent cultures :) That is our job, translate the meanings and ideas... just a humble personal opinion
8 mins

agree  ghassan al-Alem: followed by (unregistered marriage).
14 mins
  -> Thanks & I agree to ur sugg too :))

agree  Mayssa Allaf
56 mins
  -> Thanks!

agree  Ahmed Al-Rouby
23 hrs
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6 hrs   confidence: Answerer confidence 5/5
marriage by agreement


Explanation:
not necessarily a civil marriage.

zax
Local time: 14:53
Works in field
Native speaker of: Native in ArabicArabic, Native in EnglishEnglish
PRO pts in category: 8
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4 hrs   confidence: Answerer confidence 5/5
Tradional Marriage or Marriage according to local traditions


Explanation:
The term العرف is a jurisprudence term مصطلح فقهي and plays an important if not fundamental role in Islamic society. In many cases, it can make a difference in an Islamic ruling.

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Note added at 4 hrs (2006-05-15 13:20:25 GMT)
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I have to apologize but I stress that my translation is the closest to the Arabic original.

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Note added at 7 hrs (2006-05-15 16:42:10 GMT)
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Enshrine mentioned something about الزواج العرفي as being unacceptable. I am going to look into it and if it isn't too much of a bother I would like to ask Michael to quote the source of the definition in Arabic of الزواج العرفي . Thanks ...

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Note added at 8 hrs (2006-05-15 17:35:13 GMT)
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There is a problem. In Islam there are three pillars in marriage: ولي البنت the bride's tutor, الصداق أو المهر the dowry and وجود الشاهديْن the presence of two witnesses. I asked a scholar about الزواج العرفي and he said it was زواجٌ غير موثَّق undocumented, not registered, etc... Now, say for instance a Muslim is married to a woman in the west where poligamy is forbidden. Then he decides he wants to marry a 2nd girl without divorcing the first one. He knows ha cannot get married legally but he marries her according Islamic law which is neither recognized nor forbidden because there it would be like having a extramarital girlfriend. Would this be considered a common law marriage?

John Colangelo
Qatar
Local time: 21:53
Works in field
Native speaker of: Native in EnglishEnglish
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11 hrs   confidence: Answerer confidence 5/5
Unconditioned Marriage


Explanation:
BECAUSE THERE ARE NO CONDITIONS ON THIS KIND OF MARRIAGE


    Reference: http://www.islamway.com/akhawat/modules.php?name=News&file=p...
    Reference: http://dictionary.reference.com/search?q=unconditioned
Jihad Saffouri
Local time: 21:53
Specializes in field
Native speaker of: Native in ArabicArabic
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20 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): -1
informal marriage (Islamic Sharia'ah)/unregistered marriage


Explanation:
This is a marriage that is officially unregistered, but is consummated in accordance with Sharia'ah requirements, with some deviations. It is usually associated with polygamous marriages. In any case, the obligations on both spouses are morally and in some countries legally binding to a certain extent. This is resorted to in some Islamic countries where polyagamy is officially banned or socially undesirable.
See link below.

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Note added at 1 day11 hrs (2006-05-16 20:18:21 GMT)
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To follow up on Peer Comment response to Ahmed Ali: Other wives and maybe some other "third parties" may not know about it. There is some differences on the interpretation of Sharia'a Law on this, but nevertheless the legality of the marriage from a Shari'a standpoint still prevails. I do not know how you can say it is not accepted by Sharia'a, otherwise one would not see the practice so easily accepted in many Moslem countries. Surely, there would be grounds for legal actions against those who undertake such marriages, if people thought that it substantially violated Sharia'a jurisdictions (although it may not be conforming to civil law statutes in effect).

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Note added at 1 day12 hrs (2006-05-16 22:01:46 GMT)
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By the way, I have already abdicated my answer in favor of Jazmen's, who beat me with the same suggested answer. I just wanted to keep my part in the discussion available to my colleagues, if it helps.


    Reference: http://qamoos.sakhr.com/openme.asp?fileurl=/html/1073597.htm...
Hassan Al-Haifi (wordforword)
Local time: 21:53
Works in field
Native speaker of: Arabic
PRO pts in category: 4

Peer comments on this answer (and responses from the answerer)
neutral  algtranslator: I wonder when ARABIC translators stop giving the same suggestions, sorry word4word but it's a PHENOMENON
11 mins
  -> please see peer comments on Jasmen's answer. I had been trying to find sources to substantiate my answer, and I did not see Jasmen's answer until I have submitted mine. It was unintentional.

disagree  Ahmed Ali: How can it be consummated according to "Sharia requirements" when it is not acceptable in the Sharia? I am afraid "some deviations" still does not correct it because deviation from the Sharia cannot be part of the Sharia.
18 hrs
  -> By Sharia'a requirements is meant that it is done with witnesses and with the consent of the concerned wife and a marriage "contract" is undertaken (by the handshake, qirat al-fatihah and the issuance of document to evidence such marriage. Other wives may
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