Bangil Religious Court Determination No. 195 of 2016: Marriage Ratification

The applicants submitted that they were married in accordance with Islamic shari'a on 4 December 1999 before two witnesses. The second applicant's father had acted as her marriage guardian (wali nikah) and the dowry (mas kawin) had been IDR 100,000. At the time of the parties' marriage, the first applicant was a bachelor (aged 19 years) and the second applicant a virgin (aged 17 years). The parties were not blood relatives nor had they shared a wet-nurse. There were no other prohibitions to their marriage under Islam or current laws. The parties had three children and no third party had ever sought to impugn the sanctity of their marriage. They had never, however, received a marriage certificate issued by the Office of Religious Affairs. The parties, therefore, requested that the court ratify their marriage for civil administration purposes.

The sole judge found that the parties' marriage met the requirements contained in art 14 of the Compilation of Islamic Laws because there had been a bridegroom, groom, marriage guardian, two witnesses, and the parties had exchanged vows (ijab kabul). The judge also cited expert Islamic jurisprudence (Ahli Fiqhi) found in Kitab Buhyatul Mustarsyidin, which stated that a marriage affirmed by witnesses present was indeed a marriage. Therefore, pursuant to art 1 of Law No. 1 of 1974 on Marriage, and art 3(e) of the Compilation of Islamic Laws, the judge acceded to the applicants' request.

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