Takalar Religious Court Determination No. 47 of 2011: Marriage Ratified

The applicant had married her husband on 25 July 1962, in accordance with Islam, before having six children. The applicant and her husband were not blood relations, nor was there any reason according to Islam or current laws to prevent them from marrying. The applicant's husband passed away due to illness on 21 May 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(1), (2) and (3)(d) of the Compilation of Islamic Laws, found that the marriage could be ratified on the grounds that it had taken place prior to the promulgation of Law No. 1 of 1974 on Marriage.

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