Takalar Religious Court Determination No. 45 of 2011: Marriage Ratified

The applicant had married her husband on 6 October 1969, in accordance with Islam, before having four 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 20 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(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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