The Ministry of Justice has clarified that ‘Urfi’ (customary) marriage is illegal under Kuwaiti laws, and that unlike other countries, the Ministry of Justice in Kuwait does not recognize any ‘Urfi’ marriage contracts made between couples.
Urfi marriage is a ‘customary’ marriage between a man and a woman in the presence of a guardian (walī) and two witnesses, but the ‘marriage’ is not registered with the state authorities. This type of marriage could turn out to be disastrous for the woman since she will not have any legal recourse if the ‘husband’ abandons her. Moreover, while the man can legally marry again, if the woman attempts to remarry she could be accused of polyandry and sentenced to jail.
Elaborating on ‘urfi’ marriage in the context of Kuwait laws, Dr. Fahd Al-Dhaen, the manager of the attestation department at the Ministry of Justice pointed out that urfi marriages add to the burden of women. Deserting husbands and harsh financial conditions have significant impact on women, and divorce rates are increasing in Kuwait.