Takalar Religious Court Determination No. 41 of 2011: Marriage Ratification

The applicant married her husband on 5 September 1950, in accordance with Islam, before having seven children. The applicant and her husband were second cousins, but there was no reason according to Islam or current laws to prevent them from marrying. The applicant's husband passed away due to illness on 8 September 2010, 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, 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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