The Legality And Social Consequences of Ziwaj Urfi in Modern Muslim Societies

Abstract

Ziwaj Urfi is non-traditional forms of marriage that have gained prevalence in modern Muslim societies  due to changing social and economic conditions. While these marriages provide alternatives for individuals facing challenges in formal matrimonial arrangements, they also raise concerns about their legal validity and social implications. Islamic jurisprudence offers diverse perspectives on these marriages, leading to debates among scholars and policymakers. Despite their increasing prevalence, Ziwaj Urfi remain contentious in terms of legality, ethical considerations, and societal impact. Critics argue that such marriages undermine the traditional institution of marriage, while proponents contend that they offer flexibility within the framework of Islamic law. However, there is a lack of comprehensive research assessing the legal status of these unions across different jurisdictions and their social consequences on individuals and communities. This study seeks to answer the following question: What is the legal status of Ziwaj Urfi? The objectives of the Study is to examine the legal status of Ziwaj Urfi and social consequences of Ziwaj Urfi this study adopts a qualitative approach, utilizing doctrinal legal analysis of Islamic jurisprudence, reports from various Muslim countries, and interviews with legal experts and affected individuals. The study finds that Ziwaj Urfi is permissible in Islam provided it meets all the essential conditions—namely, the presence of a guardian, witnesses, mutual offer and acceptance, a dowry, and the woman's consent. In such cases, the marriage is considered valid even if it is not officially registered. However, opposing views argue that customary marriages are impermissible in Islam, asserting that the lack of public announcement contradicts fundamental Islamic principles and renders the marriage invalid due to its secrecy.

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