Calang Shari'a Court Determination No. 232 of 2016: Marriage Ratification

The applicants submitted that they were married in accordance with Islamic law on 20 April 2000 before two witnesses. The second applicant's father had acted as the second applicant's marriage guardian (wali nikah) and the dowry (mahar) had been 10 mayam of gold. At the time of the parties' marriage, the first applicant was a bachelor and the second applicant a virgin. 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 received a marriage certificate, issued by the Office of Religious Affairs, but it had been lost in the 26 December 2004 tsunami. The parties, therefore, requested that the court ratify their marriage for civil administration purposes.

In acceding to the parties' request, the court found that, pursuant to arts 2(1) and 6 of Law No. 1 of 1974, and art 7(2) and (3)(b) of the Compilation Islamic law, the parties' marriage constituted an Islamic marriage agreement (aqad nikah).

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