Khaberni - After a stir about its legitimacy on social media, the Egyptian Dar al-Ifta issued an official fatwa clarifying the legal stance on "Nafhah Marriage," confirming that this type of contract is religiously forbidden and inherently void, as it contains clear violations of the objectives of Islamic law and the rules of proper marriage. It noted that renaming it does not change its reality or legal ruling.
The "Fatwa" explained that what is known as Nafhah marriage is based on an agreement between a young man and a woman, including an advance and deferred dowry, allowing for divorce at any time, and recognizing children in case of pregnancy. This agreement is typically made without the presence of a guardian, official documentation, or public declaration, which makes the contract lack the essential pillars defined by the religious law, turning the relationship from a valid marriage into a religiously forbidden one.
The Dar al-Ifta affirmed that the absence of a guardian, lack of documentation, keeping the marriage secret, and leaving the lineage of children up to the father's choice, all contravene the purposes of legitimate marriage intended by Allah to foster compassion, mercy, and cohabitation, to preserve lineages and rights, and to prevent corruption and suspicion. It emphasized that such contracts are considered an evasion of God’s laws, opening doors to corruption and loss.
The statement also pointed out that when Islam commands and encourages marriage, it considers human nature, not suppressing instincts but organizing them in a way that achieves dignity and stability. It cited the prophet's hadith: "O young people, whoever among you can afford to marry, should marry, and whoever cannot, should fast as it will diminish his desire."
It added that the marriage contract in Islam is surrounded by a set of conditions and pillars to ensure its continuity and achieve its purposes, not merely as a means to satisfy desire or evade responsibility.
Islamic law clearly distinguishes between a proper marriage, which is based on public declaration, consent, documentation, and the presence of a guardian, and illicit relationships that are conducted in secret.
The Dar al-Ifta emphasized that "Nafhah Marriage" contravenes the purposes of Islamic law and is considered void even if it claims to be a "legitimate marriage," because what is built on falsehood is false. It confirmed that it is not permissible to proceed with it under any justification, and anyone wishing to marry must adhere to the legal and religious procedures that protect rights and preserve dignity.
A message sent by a university student to the Egyptian Dar al-Ifta sparked widespread debate after he introduced what he called "Nafhah Marriage," setting strange conditions, and questioning its legitimacy in Islamic law.
The student presented his idea as a marriage contract in which the wife accepts an advance and deferred financial dowry, with the possibility that the husband could deny the lineage of the children if pregnancy occurs. Divorce would be at the husband's will or by mutual consent, and it would be conducted without a guardian, official documentation, or public announcement, with the stipulation that it be a "legitimate marriage" not subject to specific durations like pleasure marriage.
