Maros Religious Court Determination No. 143 of 2015: Marriage Ratification

The applicants were married in accordance with shari'a on 25 August 1976 by the village imam. The second applicant's father had acted as her marriage guardian, and the dowry (mahar) was a prayer instrument paid for with cash. Nothing about the applicants' pre-marriage relationship precluded them from marrying, and they had subsequently had six children, the first of whom had passed away. 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.

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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