Takalar Religious Court Determination No. 55 of 2011: Second Cousin Marriage Ratified

In 1959, the applicants were married in accordance with Islamic law at the second applicant's parents' home. The second applicant's father served as her marriage guardian (wali nikah), two witnesses were present, and the dowry was a 10 acre property. The applicants were second cousins, however, this did not preclude them from marrying according to Islam or current laws. They subsequently had three children. Moreover, the applicants had never shared a wet-nurse, nor did anyone object to their marriage at the time of the ceremony. The applicants, however, had never received an official marriage certificate because their marriage had taken place in 1959, prior to the promulgation of Law No. 1 of 1974 on Marriage. The applicants, accordingly, sought from the court the ratification of their marriage in order to access state subsidies such as the pension.

Acceding to the applicants' request, the court, pursuant to art 7(3)(d) of the Compilation of Islamic Laws, noted that as the marriage had taken place prior to the promulgation of Law No. 1 of 1974 on Marriage, it qualified as the type of marriage that could be ratified.

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