Simpang Tiga Redelong Shari'a Court Determination No. 16 of 2016: Court Ratified Marriage and Issued Certificate Post-Spousal Death

The applicant submitted that on 8 June 1960 she had married her husband in accordance with Islamic law. Her father had acted as her marriage guardian (wali nikah) before two witnesses, and with a dowry (mahar) of three grams of gold. No legitimate reasons impugned their marriage. The applicant's husband had passed away on 6 November 2015, his death certificate being issued on 10 November 2015. He left behind only his pension, which the applicant could not access because she and her husband had never been issued with a marriage certificate. Accordingly, the applicant requested that the court ratify her marriage in accordance with current legislative provisions.

The court, noting its exclusive jurisdiction over the ratification of Islamic marriages as guaranteed by art 49(a) of Law No. 7 of 1989 on the Religious Judiciary, as well as the fact that the concrete facts submitted by the applicant accorded with art 7(2) and (3)(d) of the Compilation of Islamic Laws, acceded to the application.

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