Lhokseumawe Shari'a Court Determination No. 26 of 2014: Marriage Ratified

The applicants were married on 18 October 2013 by Tgk. H. Hanafiah, the then village imam. The second applicant's younger brother had acted as her marriage guardian (wali nikah), and the dowry (mahar) was five grams of pure gold. Due to a family dispute at the time, the marriage could not be convened at the local Office of Religious Affairs (Kantor Urusan Agama). Accordingly, the applicants requested that the court ratify their marriage retrospectively. Both applicants were eligible for marriage, the second applicant having divorced her previous husband in Lhokseumawe Shari'a Court Decision No. 232 of 2012. The applicants submitted that, while they had already attended the Banda Sakti Office of Religious Affairs to request the issuance of a marriage certificate, the office was precluded from doing so as it could not locate any information relating to their marriage.

The court acceded to the applicants' request, acknowledging that while the parties did not have proof of their marriage in the form of a marriage certificate, they had already married. Moreover, the evidence provided by the witnesses in court did not conflict with the applicants' submissions. Therefore, the applicants' submissions, pursuant to art 7(3)(e) of Indonesian Presidential Instruction No. 1 of 1991 on the Compilation of Islamic Laws, had been established and were grounded in legal reasoning.

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