Takengon Shari'a Court Determination No. 260 of 2016: Marriage Ratification

The applicants submitted that they were married on 15 October 1999 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 three children. The parties had submitted the necessary documentation for the registration of their marriage to local village authorities but the documentation was never forwarded on to the Office of Religious Affairs. The parties submitted that they required a court determination ratifying their marriage in order to obtain birth certificates for their children.

The court, pursuant to art 14 of the Compilation of Islamic Laws, ratified the parties marriage based on the evidence produced by the applicants. The court also cited Kitab l'anatu al-Thalibin, juz IV, page 254, as an example of Islamic norms that allow the ratification of a marriage based on facts such as those established by the parties.

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