Tapak Tuan Shari'a Court Decision No. 95 of 2015: Marriage Dispensation

The applicant's husband, Usman bin Abd. Latif, passed away in 2001 due to illness. He and the applicant had married in 1955 in Baiturrahim Mosque in Beutong, Labuhan Haji Timur, South Aceh, and had five children. Usman had worked as a farmer his whole life and never had a steady income. The applicant did not hold a certified marriage certificate, however, which she needed in order to apply for a passport so that she could embark on the hajj. Therefore, she requested that the court ratify her marriage.

Acceding to the applicant's request, the court found that the applicant's marriage to the deceased met the requirements of marriage according to Islam, as enunciated in art 14 of the Compilation of Islamic Laws. Moreover, it met the requirements of art 7(3)(d) of the Compilation of Islamic Laws, in that the marriage took place prior to the enactment of Law No. 1 of 1974 on Marriage.

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