Friday, March 6, 2009

Eathar Marriage! (2)

I have explained before that the conditions of marriage in Islamic Fiqh (Islamic Jurisprudence) may be negotiable. However, the complete and comprehensive - conditions and elements - list contains: consent (for the man and the woman), dowry, two witnesses, guardian permission and declaration.
The problem that makes Orfi marriage void or invalid under Islamic Fiqh is the absence of guardian permission. Other conditions are negotiable as I said, for example the presence of two witnesses can be considered a semi-declaration case in some schools of Islamic fiqh.
The major problem in Mot'a marriage is having a specific time for the marriage; a date for start and another for end. That means the acceptance of the two parts is invalid.
Therefore, no relation between Eathar and both Mot'a or Orfi Marriage. The first means Temporary Marriage and the second one means Ordinary Marriage.
For Orfi I prefer to choose the term ordinary because it is the opposite of official or formal, I avoid saying custom or civil marriage. The major difference in Orfi Marriage is the document which contains the acceptance of the two parts; it is an ordinary document, just like a private letter. No need then to talk about traditions and customs.
Eathar marriage that approved by the late Sudanese Fatwa means that the wife is going to consider her husband situation and she will make with him a new agreement on her rights in dwelling and expenditure. The point here is the (rights and duties equation) not the conditions.