Medan Religious Court Decision No. 5 of 2010: Marriage Ratification

The applicant had submitted a marriage ratification request to the court, dated 8 January 2010. The request stated that she and M. Yusuf bin Jafar (deceased, 29 December 2009) were married in accordance with Islamic shari'a on 10 June 1949, with her older brother Muhammad Yunas acting as her marriage guardian. The marriage was witnessed by two other persons, the names of whom the applicant could not recall. The applicant's dowry was IDR 40.

The applicant required a marriage ratification certificate in order to access her deceased husband's pension, life insurance, and widow's pension. The marriage had never been registered pursuant to current legal provisions. The applicant and her husband, however, had seven children, all of whom were now adults. Moreover, they had never divorced and no one had ever had any objections to their marriage.

In acceding to the applicant's request, the court cited arts 7(2) and (3)(d) of the Compilation of Islamic Laws, which granted it powers to solemnise a marriage, as well as one that preceded the enactment of Law No. 1 of 1974 on Marriage. The Court also cited the rule of fiqh contained in Kitab Tuhfah Jilid IV, which mandates the recognition of the marriage of a woman who is of age and sound mind ('aqil baligh).

FirstPreviousPage 1 of of 8NextLast