Personal Status Law.. Abortion of common-law marriage or legalization? It is suggested that there are two types of marriage contract

The amendments to the new draft of the Law on Personal Status have sounded the alarm that is hovering around customary marriage, that is, marriage to death, because it is a marriage that has created a rift in the social walls, even though it has prevailed since the dawn of Islam, and millions of Muslims and all our ancestors, before the step of documenting the contract came. Officially, it is a step that protects the rights and individuals, either of the spouses, or of the children, after the customary marriage has turned into a malignant disease that must be eradicated if possible, otherwise the bleeding that comes from it lead to the death of its owner. The last of them are the crimes of getting rid of a wife who tried to get out of the hole of a customary marriage into the arena of an official marriage, and her husband got rid of her in the most terrible way after mutilating her body, and the last was her burial while she was alive, as a punishment for agreeing to the official recognition of their marriage.

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Victims of common law marriage

Crimes unknown to mankind and disasters with satanic motives have thrown extramarital union on the path of the stability of society, threatening it with fragile, unstable relationships, which cause the fragility of its fundamental position in the modern age, in which the largest percentage of extramarital marriages turned from marriage for which the scholars of Al- Azhar said that according to the “Doors of the Pyramids” he is legitimate, except that he lacks only the administrative procedure, which is the documentation, into a mere tool used by its owner to satisfy his desire, after realizing it, he begins to crawl into the past, denying this marriage, avoiding his responsibility, especially if that marriage produced the fetus she wanted for him The woman was officially registered among his peers in the registers of the registers, in order to live a decent life, starting with the woman, with her and her fetus being officially recognized, in state documents, to be recognized by the state and to enjoy their share of health, education, housing, food and other resources va for a decent life.

crimes against humanity

How much blood has been wasted for the hope of this decent life, and news of incidents filled to the brim, between a wife who lost her life after her husband got rid of her because of her desire to document their common-law marriage, and a fetus that was aborted so that its birth would not discovers the origin of this marriage, and the family that buried the heads of its members in the sand, in fear of conflict with the family, neighbors, and even society, which knew that the daughter had left the framework of an official marriage and that her customary marriage had turned into a crime of honor .

Law on Personal Status

The new draft of the Law on Personal Status envisages the legalization of customary marriages and their legal recognition so that the woman and her children can prove their origin to the husband, and then recognize them and exercise their rights, the most important of which is that the husband spends on them even if the relationship ends, if that marriage was concluded before the entry into force of the new draft law. .

National dialogue

As for the completion of this law, which is currently being prepared and qualified for presentation to the House of Representatives, the House of Ifta and Al-Azhar Al-Sharif, as well as its introduction into the national dialogue, and after its ratification and the start of work with it, it will not be recognized customary marriage, and in the event of a dispute between the spouses, you will not be able to. A woman must claim her rights in court, because the law will not recognize a customary marriage. marriage at that time.

wife and child

Sociology experts believe that these changes to the Law on Personal Status build a wall of separation between thousands of women and their hell that begins when she asks her husband to officially recognize her and her children. Dr. Hala Yousry, professor of sociology, says that the non-recognition of customary marriage will happen after the adoption of the new law, the step is Health for women, children and society: “This is a great prevention of severe disasters.”

The future of common marriage

And the professor of sociology added, in her interview for Al-Ahram Gate, that customary marriage deprives the woman and children of their legitimacy in enjoying their rights to form an integrated family, which results in the fragility of the situation of this family, its vulnerability to fractures, the weakness of its members and the inability bright future for any of its members.

human rights

The professor of sociology describes this legal step, which is soon being prepared for implementation, as a good way to reduce the idea of ​​customary marriage, emphasizing that every informal thing tries to avoid the rights of the wife and children, which is not in accordance with the Sharia, the law, human rights or rights children.

dr. Hala Yousry adds that this is the last chance for wives who are outside the official institution of marriage to document their marriage, even with a lawyer, in order to exercise their rights and the rights of their children.

official marriage

Although customary marriage loses everything that is in keeping with the official institution of marriage, including the age of the wife, the husband, and the father’s responsibilities towards the wife and children, and although it is a marriage that is contracted even in the dark if there are witnesses, the first wife remains unaware of this marriage, whose the parties are forced And their children, if the pregnancy is the result of this marriage, to live in an unnatural way, in which they go out to places that their acquaintances do not visit, and walk on tiptoe so that acquaintances do not feel their steps, except for their presence in government offices, so they go to them with confidence and without hiding because they are sure that there are no official papers proving their lineage and exposing the existing customary relationship.

Reasons for customary marriage

Despite all this, there are those who see real reasons for this marriage, benign and not malicious like someone’s temporary desire to marry one of the two, says Dr. Ahmed Karima, professor of Sharia at Al-Azhar University. before we condemn customary marriage, we must deal with the motives, reasons and causes.

Social security

In his interview with Al-Ahram Gate, the professor of Islamic law condemns the insurance and pension system for causing common-law marriage on a large scale in society, saying: “The insurance and pension system forces thousands of women into common-law marriage when it deprives the widow as well as the divorced woman , the father’s pension if he marries in an official marriage.” Who else”.

Father’s pension

He adds: “Today, millions of divorced women in Egypt are resorting to common-law marriage in order to preserve their pension,” wondering: “What is the relationship between a person’s right to a pension whose deceased owner paid his installments from his own money and hard work through years of service in the public sector ?

Legalization of customary marriage

The professor of Islamic law appeals to wait for the adoption of the new law, and to start with the non-recognition of customary marriages that will be concluded after the implementation of this law, saying: “I hope to wait for the empowerment of the divorced and widowed. he gets rid of his father’s pension even if he marries someone else, so that he does not resort to a common marriage.” hold on to this pension.

Ordinary marriage contract

As for the usual marriage contract, because it is not officially documented, the professor of Islamic law says that it is a legally valid contract even if it is not officially documented. Mostly when she is married, she is a minor, less than 18 years old.

Customary marriage rule

As for the customary marriage itself, the Shariah professor told Al-Ahram Gate that it is not invalid, but valid from a legal point of view if it fulfills the pillars and conditions.

Elements and conditions of legal marriage

These pillars and conditions are represented in the offer, and the acceptance between the two contracting parties, and the guardian according to the majority of lawyers for women, and the determination of dowry and witnesses, With these pillars and conditions, the contract is valid, whether it is documented or not, saying: “We do not dispute the documentation as an act of administrative procedure that protects and preserves the rights of women and children, but the lack of documentation does not make the contract null and void.

Legal contract and civil contract

An Al-Azhar scholar referred to the proposal, saying, “I suggest that those who draft the new law make two types of contracts, a legal contract and a civil contract,” explaining that a legal contract fulfills Islamic pillars and conditions, and a civil contract takes place in whatever those who are in charge of its preparation want lawsuits, which is a dangerous contract!

Commonwealth diseases

In all cases, whether people agree that customary marriage is a cancer for the family that accepts it, or others disagree, justifying their acceptance with life reasons such as enabling a divorced woman and a widow to receive her father’s pension after marriage, no one is had knowledge that a common-law marriage results in serious mental illnesses that lead to the death of his wife and children.

The woman is in danger

dr. Walid Hindi, a mental health counselor, says that customary marriage has many psychological effects that cast a shadow on women in particular, and sometimes on men as well. All scientific research has proven that those who marry according to custom suffer from feelings of inferiority and their self-concept decreases.

Fear, confusion and bullying

After the drinking is over and the thought is present, she exaggerates the feeling of self-flagellation and suffers from many psychopathic ailments, such as vomiting, abdominal pain and menstrual disorders, with general mood imbalances and sleep disturbances of all kinds, not to mention a lack of psychological security, with constant fear of slander, scandal and social castration.

Consuming marriage

And if we add to this the occurrence of sudden pregnancies, or deaths resulting from customary marriages, or exposure to murders and honor killings, or occasional prosecutions, then it embodies for us an ugly and painful picture of the psychological effects of customary marriages. , which is sometimes revealed in it The woman said that she married a werewolf, who appeared to her in the clothes of a preacher, and she saw him as unscrupulous Fear of the family, and what this marriage can have in terms of pregnancy and childbirth and its economic, social and health consequences.

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