The applicants submitted that they were married in accordance with Islamic law on 15 June 2006 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 three 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 no children. They had not yet registered their marriage with the Office of Religious Affairs because, at the time of their marriage, the Office of Religious Affairs was inactive due to post-tsunami reconstruction. The parties, therefore, requested that the court ratify their marriage for hajj administration purposes and other administrative requirements.
The court cited Kitab l'anatu al-Thalibin, juz IV, page 254, Bughyatul mustarsyidin, page 298, and kitab Tuhfah, volume 4, page 132, as examples of Islamic norms that allow the ratification of a marriage based on facts such as those established by the parties. 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).