Takengon Shari'a Court Determination No. 276 of 2016: Marriage Ratification

The applicants submitted that they were married on 20 October 1983 in accordance with Islamic shari'a before two witnesses. The second applicant's older brother 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 widower and the second applicant a widow. 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 no children. The parties had never registered their marriage with the Office of Religious Affairs but required a court determination ratifying their marriage before they could embark on the hajj.

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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