Analyzing the Legitimacy of 'Urfi (Customary) Marriage, its Consequences and Challenges

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Abstract

Urfi (Customary) marriage, which was first propagated in Yemen as Thursday marriage, has been spread among Sunnite Arabs of PersianGulf countries who used to go to the lush country of Yemen to spend their holidays in summer. The appellation of the term 'urfi (customary) marriage goes back to the belief that from the time of Prophet Muhammad (PBUH) onwards, it was practiced by Muslims.
This type of marriage takes place out of court and unsupervised by it, and often occurs confidentially and without parental supervision. There is disagreement among Sunnite Muftis about the validity or invalidity of 'urfi (customary) marriage. Due to the position, constraints and conditions of marriage in Islam, and also because of the existing ambiguities about the validity of 'urfi (customary) marriage, it seems that recognition, explanation and studying the nature and evidences of its advocates and opponents is of high importance and necessity. This research is based on a descriptiveanalytical
method in which the illegitimacy and invalidity of 'urfi (customary) marriage has been proven and some of its consequences and challenges have been mentioned.

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