Maros Religious Court Determination No. 139 of 2015: Marriage Ratification

The applicants were married in accordance with shari'a on 3 March 1988 by the village imam. The second applicant's father had acted as her marriage guardian, and the dowry (mahar) was a two-gram gold ring paid for with cash. Nothing about the applicants' pre-marriage relationship precluded them from marrying, and they had subsequently had three children. The applicants had never divorced, nor had they ever received any formal objection to their union. The applicants required their marriage to be ratified (itsbat nikah) in order that they have proof of their marriage, and in order that they could obtain a birth certificate for their children.

Acknowledging that the first applicant was not married to four other women, that the second applicant was not married to another man, nor in the process of carrying out the period of iddah (three-month period after divorce has been granted), and that the marriage did not contravene the prohibitions on marriage articulated in arts 8-11 of Law No. 1 of 1974 on Marriage, or arts 39-42 of the Compilation of Islamic Laws, the court acceded to the application. Pursuant to arts 8(2), 35(a) and 36 of Law No. 23 of 2006 on Population Administration, and art 7(1) of the Compilation of Islamic Laws, the court ordered the applicants to register their marriage with a marriage registrar in their local jurisdiction.

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