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The differance between official and unofficial (Orfi) marriage contract in Egypt

It is become so common in the life now these problems that came after marriage  special from foreigner wife, because she doesn’t know that her marriage official or unofficial or because that her husband says that to write conditions in the contract must be unofficial only and official contract must be through special form without any special conditions.

Let’s start from the legal conditions for marriage according to Islamic rules, the marriage in Islam has to get these conditions to be legal:

  • To be between man and woman are sane, exceeded the legal age and they don’t have any impediment of marriage.
  • The will of the bride must want to complete the marriage without coercion.
  • The publicity and witnesses should be available.
  • The dowry.
  • Lack of time limitation for the validity of the marriage contract.

But by law government found last 100 years the husband makes troubles if there is no official document proofs that marriage so they make a rule that any marriage must be by official way, that is more care about wife and child rights.

Also Islam rules and law gives the wife and husband a right to write any condition in the marriage contract, if it isn’t contrary to the concept of marriage and conditions.

So by Islamic law no different between the official and unofficial marriage if all conditions for the marriage are available but even by the purposes of Islamic rules that care about rights of wife and child, because of the actions of human beings change, the official contract is better for such life now.

But the question is what will happen if the husband after marriage doesn’t want to admits the marriage in this case we must us the law to proof that this relation is legal, but law says that will make difference between official and unofficial marriage contract.

The official marriage gives the wife full rights plus that she can write all her conditions as she want. But the Orfi. ( un official contract) gives the wife only two options;
First one to proof that she has a legal relation with her husband, but this through file up case in the court. After that she will get only ability to proof that the child who came from this marriage is from this man nothing more.
The second one is to ask about divorce when she wants. The future child from this marriage will be under risk if father doesn’t want to give him his name; in this case the wife has to file up case to let the child get that right. Also according to orfi  wife doesn’t have a right about inheritance, also the child before get his father name doesn’t have.
From that all you can see that the marriage conditions that will be through orfi are nothing, because the only rights from that marriage as you see are the proof about the relation and the ability of divorce.
The official marriage cares about the wife rights  by 100%. From a lot of sides like;

1- She has official paper says that she has legal relation with this man. Can go to any hotel, government and police stations for anything.
2- She has a right to get from her husband payment by law if he doesn’t want to do this by his will.
3- She has a right to ask government about getting Egyptian nationality.
4- She has a right about getting official birth certificate for the future child even without father will.
5- She has a right about the husband inheritance.
6- She has a right about residence in Egypt from 1:5 years without getting nationality.
All of these without any cases in court just by official marriage contract.
There are templates for official marriage and unofficial marriage

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Mr. Ayman Sultan Muhammad Khalifa
Criminal & Commercial Lawyer. PhD Candidate (Arabic, English)
Full-specialized professional lawyer in International Law. Excellent expirience in criminal and commercial cases, financial frauds. Attorneys with a win-win expirience in Family and Personal Law.
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Mr. Emad Abd Elaziz Elborginy
Labor & Business Lawyer (Arabic, English)
Good oriented in any labor cases and business starting companies. Contract legal support for new organizations and middle business.
Ms. Nabila Beneddine (Algeria Office, Algeria)
International Lawyer of Family Law, Real Estate Law & Tourism Law (Arabic, French)
Full-specialized partner in MIddle East cases. Most expirience and high degree of wins in family law and real estate case development. Good experience in Tourism Intrenational Law. Providing of any cases in Algeria and Middle East for french Customers and Partners.
Mr. Hamed Ashref Moustafa (Syria Office, Aleppo)
Family Lawyer, Consultant in international marriage (Arabic, English)
High-specialized lawyer in family and civil law according to international marriages in Islam. Arabic marriage and international marriage in Egypt.
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