Meureudu Shari'a Court Determination No. 60 of 2015: Marriage Ratification

The two applicants submitted that they were married by a qadi in accordance with Islam at the second applicant's parents' home in 1975 before two witnesses, and with the second applicant's older brother acting as the marriage guardian (wali nikah). The parties had seven children. Their marriage was never objected to by any third party and both parties had remained Muslims for the duration thereof. The parties' marriage certificate had been lost in the 26 December 2004 tsunami and, in order to have passports issued, they needed to produce a new marriage certificate. Accordingly, they requested that the court ratify their marriage.

In acceding to the applicants' request, the court acknowledged that the applicants had produced sufficient evidence, including witnesses, that established their submissions. The court cited fiqh from Kitab l'anatu al Thalibin, Juz II, page 308, which states that the admission of an adult male of sound mind to having married a woman, and vice versa, can be accepted. The court also cited art 7(2) and (3)(b) of the Compilation of Islamic Laws in acceding to the applicants' request.

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