Takalar Religious Court Determination No. 37 of 2011: Marriage Ratification

The applicant had married her husband on 1 November 1984, in accordance with Islam, before having three children. While they were blood relations, their relationship was not forbidden under Islam or current laws 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 had passed away due to illness on 6 November 2010, and in order to gain access to his pension, as well as her entitlements as a widow, the applicant required a marriage certificate. The applicant, accordingly, sought from the court the ratification of her marriage.

Acceding to the applicant's request, the court noted that, for the purposes of art 2(1) of Law No. 1 of 1974 on Marriage, and art 4(1) of the Compilation of Islamic Laws, the applicants' marriage could be declared lawful. Moreover, the court, pursuant to art 7(2) and (3)(e) of the Compilation of Islamic Laws, found that the marriage could be ratified on the grounds that there was no reason contained in Law No. 1 of 1974 on Marriage for it not to be.

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