Cilacap Religious Court Determination No. 12 of 2009: Request to Marry Father of Unborn Child

The applicant submitted that the Cilacap Religious Court, on 10 January 2007, had granted her a divorce from her ex-husband. The applicant also submitted that she was currently one and a half month's pregnant and wished to marry the father of her unborn child. Her application to the South Cilacap Office of Religious Affairs, however, had been dismissed because she had not yet received judicial approval to marry again.

The court acknowledged that, in its dismissal of the applicant's request, the Office of Religious Affairs was simply adhering to art 153(d) of the Compilation of Islamic Laws. In acceding to the applicant's request, the court noted that the applicant had fallen pregnant outside of her period of iddah (three-months after divorce has been granted) after divorcing her ex-husband, meaning that her pregnancy was unrelated to her period of iddah. Therefore, pursuant to art 53(1) of the Compilation of Islamic Laws, the court was able to permit the applicant to marry the father of her unborn child.

FirstPreviousPage 1 of of 5NextLast