Calang Shari'a Court Determination No. 226 of 2016: Marriage Ratification

The applicants submitted that they were married in accordance with Islamic law on 18 December 2005 by a qadhi before two witnesses. The second applicant's younger brother had acted as her marriage guardian (wali nikah) and the dowry (mahar) had been four mayam worth of gold. At the time of the parties' marriage, the first applicant was a widower and the second applicant a widow. 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 registered their marriage with the local village (gampong) but not yet with the Office of Religious Affairs and required a court determination for administrative and other purposes.

The court cited Kitab l'anatu al-Thalibin, juz IV, page 254, 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).

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