Takalar Religious Court Determination No. 48 of 2011: Second Cousin Marriage Ratified

The applicant had married her husband on 26 July 1963, in accordance with Islam, before having eight children. While they were second cousins, 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 3 June 2011, and in order to gain access to his pension, as well as her entitlements as a widow, the applicant required a marriage certificate. As they had married prior to the promulgation of Law No. 1 of 1974 on Marriage, however, one had never been issued. The applicant, accordingly, sought from the court the ratification of her marriage.

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

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