Bangil Religious Court Determination No. 194 of 2016: Marriage Ratification Request Withdrawn due to Lack of Evidence and Witnesses

The applicants submitted that they were married in accordance with Islamic shari'a on 10 August 1998 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 widower (aged 31 years) and the second applicant a divorcee (aged 27 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 four 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 requested that the parties withdraw their application on the grounds that they had failed to submit relevant evidence and produce witnesses.

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