Takengon Shari'a Court Determination No. 281 of 2016: Marriage Ratification

The applicants submitted that they were married on 6 April 2006 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 five grams of gold. The parties had one child. The parties submitted that they required a court determination ratifying their marriage in order to obtain a birth certificate for their child.

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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