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English translation: 'urfi marriage (depending on context: consensual union; companionate marriage; concubinage; customary marriage; common-law marriage; de facto marriage; unregistered marriage)
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)
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
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
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
... by judges hearing real cases. Thus, "urfi marriage" context may not fit in to this definition. Surely, no Western law would accept polygamous "urfi" marriage, which are the representative cases of "urfi marriage", with minor exceptions.
"The common law forms a major part of the law of many nations, especially those with a history as British territories or colonies. It is notable for its inclusion of extensive non-statutory law reflecting precedent derived from centuries of judgments by j
See this simple definition of Common Law in this link: http://www.websters-online-dictionary.org/definition/common ... Wikepedia defines Common Law as: "The common law forms a major part of the law of many nations, especially those with a history as Br
and wife) if the correction is to register; then I think the missed part that defers here is the registeration process. I think that we should translate the original meaning and concept in the first place.
If you give some thought about the way to correct this marriage when it goes to court, the correction is so simple (to register that marriage once it is approved even by witnesses or by the simple contract that was signed between the two parties (husband
Almawred definition for زواج عرفي is totally wrong. الزواج العرفي is based on religious contract. Originally the marriage agreement ( contract" was not needed to be written neither to be registered. From here came the name زواج ع
19:38 May 15, 2006
Michael McCain (X)
France
ASKER
Al-Mawrid translation
16:07 May 15, 2006
This is interesting. Al-Mawrid translates الزواج العُرْفيّ as "common-law marriage": الزواج العُرْفيّ: صلة زواج ناشئة عن اتفاق بين الرجل والمرأة وعيشهما عيشة الأزواج من غير عَقْد دينيّ أو مدنيّ.
Barron's Law Dictionary says "common law" is "the system of jurisprudence which originated and which was later adapted in the United States", and a "common-law marriage is one based not upon ceremony and compliance with legal formalities, but upon agreement of the two persons, legally competent to marry, to cohabit with the intention of being husband and wife, followed by a substantial period of living together as husband and wife... Such marriages were recognized as valid by the ecclesiastical courts of England prior to 1753."
The concepts of 'urfi marriages and common law marriages appear to be similar, but I would hesitate to treat them as equivalents. "'urfi" is a relative term, since "customs" / "knowlege" vary from one country to another, even within the Islamic world.
but it is not registered or authenticated by official authorities. so societies here have not CUSTOMS related to this kind of marriage. if you said customary marriage, it would mean something else but not this Urfi marriage
Dear Aisha and Michael, this type of Urf has nothing to do with a society's traditions or customs. The word (Urf) in marriage and contracts is to deferentiate it from the formal and registered ones. Still this marriage is valid and may be known by others
still go with customary as the customs vary from area to area and this is a catch-all term to describe such culture-specific terms.I would rebekeet2's transliteration and a lengthy footnote citing religious authorities on this issue.
Michael,that's a religious chestnut and not having Sheikh Yusuf's cred, I won't go there.It's a cultural Arab thing,not an Islamic one per se.For this kind of question,leave Kudoz aside and do some serious googling or research in a library,but I would
"Urf العرف is an Arabic Islamic term referring to the custom, or 'knowledge', of a given society, leading to change in the fiqh فقه (Islamic jurisprudence).
`Urf is a source of Shariah rulings where there aren't explicit primary texts of the Qur'an and Sunnah specifying the ruling. `Urf can also specify something generally established in the primary texts.
In some countries such as Egypt, marriage, the Urfi way, means to get married without official papers issued by the state (Zawag Urfi:زواج عرفي). This type of marriage is valid and recognized."
Michael McCain (X)
France
ASKER
11:03 May 15, 2006
Aisha, I agree I should have checked the glossary, although in this context "customary marriage" wouldn't work, unless accompanied by a footnote or explanation in brackets. Otherwise the reader might be left wondering why on Earth Sheikh Youssef would declare "customary marriage" haraam, especially if it met all required Shari'a conditions?
legally/technically,an unregistered marriage is not a marriage-the phrase doesnt mean anything. As explained in my answer to the question above,there's no concept of الزواج العرفي in Anglo-Saxon cultures-there is no cultural equivalent, only a
Aisha, unregistered marriage! Customary marriage is something different even though some hits on google say so... we shouldn't follow othe translators' mistakes
this question has been asked so many times! It's in the glossary - "customary marriage"
09:34 May 15, 2006
Automatic update in 00:
Answers
14 mins confidence: 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.
peer agreement (net): +2
