Takengon Shari'a Court Determination No. 16 of 2016: Marriage Ratification

The applicants submitted that they were married in 2000 in accordance with Islamic shari'a before two witnesses. The second applicant's father had acted as her marriage guardian (wali nikah) and the dowry (mahar) had been 10 grams of gold. At the time of the parties' marriage, the first applicant was a bachelor and the second applicant a virgin. They had never divorced, no one had objected to their marriage, and there were no other prohibitions to their marriage under Islam or current laws. The parties had two children. The parties had never registered their marriage with the Office of Religious Affairs, as evidenced by a notice of rejection they had received, dated 11 January 2016, issued by the same office. The parties submitted that they required a court determination ratifying their marriage in order that they could then obtain passports before undertaking the umrah.

The court, pursuant to provision (a) of the elucidation to art 49 of Law No. 3 of 2006, and art 7(4) of the Compilation of Islamic Laws, noted that a marriage ratification request can be submitted by the husband or wife. The court then, pursuant to art 2(1) of Law No. 1 of 1974 on Marriage, ratified the parties marriage based on the evidence produced by the applicants.

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