Calang Shari'a Court Determination No. 231 of 2016: Marriage Ratification

The applicants submitted that they were married in accordance with Islamic law on 14 August 1995 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 worth of gold. At the time of the parties' marriage, the first applicant was a bachelor and the second applicant a virgin. The parties had never divorced nor had they left Islam (murtad). There were no other prohibitions to their marriage under Islam or current laws. The parties had two children. They had already registered their marriage with the Office of Religious Affairs and received a marriage certificate. The parties, however, also requested that the court ratify their marriage for residency purposes.

The court cited Kitab l'anatu al-Thalibin, juz IV, page 254, and Kitab Ushu al-Fiqh by Abdul Wahhab Khallaf, as examples of Islamic norms that allow the ratification of a marriage based on facts such as those established by the parties. The court then, pursuant to art 2(1) of Law No. 1 of 1974 on Marriage, and art 4 of the Compilation of Islamic Laws, ratified the parties marriage based on the evidence produced by the applicants.

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