Takalar Religious Court Determination No. 59 of 2011: Marriage Ratification

The applicant married her husband in 1961, in accordance with Islam, before having six children. While they were related by blood, their relationship was not forbidden under Islam as they had not shared a wet-nurse, nor were there any objections to their marriage at the time of the ceremony. The applicant's husband passed away due to illness on 24 May 2011, however, as they had never received an official marriage certificate because the marriage took place in 1961, prior to the promulgation of Law No. 1 of 1974 on Marriage, the applicant could not access her deceased husband's pension, to which she was entitled. The applicant, accordingly, sought from the court the ratification of her marriage.

Acceding to the applicant's request, the court noted that the marriage had met the witness requirement (two witnesses), pursuant to arts 24 and 26 of the Compilation of Islamic Laws, the marriage guardian requirement, pursuant to art 19 of the Compilation of Islamic Laws, and the dowry requirement (mahar), pursuant to art 30 of the Compilation of Islamic Laws.

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