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Legal marriage in Egypt between an Egyptian and a non-Egyptian
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[QUOTE]Originally posted by eserry: [QB] Just to clarify the legal issues. The Orfi marraige is totally legal and acceptable by the courts to prove parenthood. The requierment for legal marraige according to shariaa law is the proposal, acceptance and the witnesses. Many marraiges in the past (before the setting up of the records system in the 1930's were conducted this way. Again if children were born as a result of the relationship and there is a dispute of parenthood, the courts will accept the Orfi marraiage. The issue with the orfi marraige is the rights and obligations. If you go for a formal marriage, there are implied terms of the contract that gurantees the financial and other rights of each party to the contract. In the Orfi marriage, if you want to gurantee all the obligations it has to be specifically stated in the contract, otherwise it could be argued in the court. Orfi comes from Orf which is common law. And common law is acceptable as a source upon which legal judgement could be drawn. The other point is proving the marraige. The lawyer are requiered by law to keep a copy of the contract. So if any of the parties tears up their copy you can always go to the lawyer and get another copy. Also if the matter is raised to the court in a dispute the witnesses will be called to give statement under oath. So there is no way it could be denied. There is just one point, which is the case of one party to the contract being a non-Egyptian. In this case there is a requierment to formaly register the marriage, this is done to ensure that both parties are clear which law applies to the contract (marriage is a civil contract). This registration could either be done by the registrar or the embassy of the foreign party. One last point for the members who are attacking the Orfi marriage. I want to remind you the in the West (I live in the UK) there is no limit on the number of common law wifes or husbands a person could have. There is also no regulation to the sexual activity. Any one can have as many children as they like and forget that they exist. Even if you take a case to the court there is no law to force the DNA testing to prove paranthood. So in my opnion the Orfi marriage is a much better solution. By the way, I am formally married to a German and have no other wifes and we had 3 marriage ceremonies (Egyptian, German and UK). Just in case someone thinks I have a motive in defending the Orfi marrige. [This message has been edited by eserry (edited 27 July 2003).] [/QB][/QUOTE]
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