SHARIAsource

The applicants were married in accordance with shari'a on 25 November 1997 by the village imam. The second applicant's father had acted as her marriage guardian, and the dowry (mahar) was a two-gram gold ring paid for with cash. Nothing about the applicants' pre-marriage relationship precluded them from marrying, and they had subsequently had five children. The applicants had never divorced, nor had they ever received any formal objection to their union. The applicants required their marriage to be ratified (itsbat nikah) in order that they have proof of their marriage, and in order that they could obtain a birth certificate for their children.

Acknowledging that the first applicant was not married to four other women, that the second applicant was not married to another man, nor in the process of carrying out the period of iddah (three-month period after divorce has been granted), and that the marriage did not contravene the prohibitions on marriage articulated in arts 8-11 of Law No. 1 of 1974 on Marriage, or arts 39-42 of the Compilation of Islamic Laws, the court acceded to the application. Pursuant to arts 8(2), 35(a) and 36 of Law No. 23 of 2006 on Population Administration, and art 7(1) of the Compilation of Islamic Laws, the court ordered the applicants to register their marriage with a marriage registrar in their local jurisdiction.

The applicants were married in accordance with shari'a on 15 August 1973 by the village imam. The second applicant's father had acted as her marriage guardian, and the dowry (mahar) was a two-gram gold ring paid for with cash. Nothing about the applicants' pre-marriage relationship precluded them from marrying, and they had subsequently had five children, then two which had passed away. The applicants had never divorced, nor had they ever received any formal objection to their union. The applicants required their marriage to be ratified (itsbat nikah) in order that they have proof of their marriage, and in order that they could obtain a birth certificate for their children.

Acknowledging that the first applicant was not married to four other women, that the second applicant was not married to another man, nor in the process of carrying out the period of iddah (three-month period after divorce has been granted), and that the marriage did not contravene the prohibitions on marriage articulated in arts 8-11 of Law No. 1 of 1974 on Marriage, or arts 39-42 of the Compilation of Islamic Laws, the court acceded to the application. Pursuant to arts 8(2), 35(a) and 36 of Law No. 23 of 2006 on Population Administration, and art 7(1) of the Compilation of Islamic Laws, the court ordered the applicants to register their marriage with a marriage registrar in their local jurisdiction.

The applicants were married in accordance with shari'a on 10 May 1984 by the village imam. The second applicant's father had acted as her marriage guardian, and the dowry (mahar) was a one-gram gold ring paid for with cash. Nothing about the applicants' pre-marriage relationship precluded them from marrying, and they had subsequently had five children, the first of whom had passed away. The applicants had never divorced, nor had they ever received any formal objection to their union. The applicants required their marriage to be ratified (itsbat nikah) in order that they have proof of their marriage, and in order that they could obtain a birth certificate for their children.

Acknowledging that the first applicant was not married to four other women, that the second applicant was not married to another man, nor in the process of carrying out the period of iddah (three-month period after divorce has been granted), and that the marriage did not contravene the prohibitions on marriage articulated in arts 8-11 of Law No. 1 of 1974 on Marriage, or arts 39-42 of the Compilation of Islamic Laws, the court acceded to the application. Pursuant to arts 8(2), 35(a) and 36 of Law No. 23 of 2006 on Population Administration, and art 7(1) of the Compilation of Islamic Laws, the court ordered the applicants to register their marriage with a marriage registrar in their local jurisdiction.

The applicants were married in accordance with shari'a on 25 August 1976 by the village imam. The second applicant's father had acted as her marriage guardian, and the dowry (mahar) was a prayer instrument paid for with cash. Nothing about the applicants' pre-marriage relationship precluded them from marrying, and they had subsequently had six children, the first of whom had passed away. The applicants had never divorced, nor had they ever received any formal objection to their union. The applicants required their marriage to be ratified (itsbat nikah) in order that they have proof of their marriage.

Acknowledging that the first applicant was not married to four other women, that the second applicant was not married to another man, nor in the process of carrying out the period of iddah (three-month period after divorce has been granted), and that the marriage did not contravene the prohibitions on marriage articulated in arts 8-11 of Law No. 1 of 1974 on Marriage, or arts 39-42 of the Compilation of Islamic Laws, the court acceded to the application. Pursuant to arts 8(2), 35(a) and 36 of Law No. 23 of 2006 on Population Administration, and art 7(1) of the Compilation of Islamic Laws, the court ordered the applicants to register their marriage with a marriage registrar in their local jurisdiction.

The applicants were married in accordance with shari'a on 9 May 2002 by the village imam. The second applicant's uncle had acted as her marriage guardian, and the dowry (mahar) was a one-gram gold ring paid for with cash. Nothing about the applicants' pre-marriage relationship precluded them from marrying, and they had subsequently had two children. The applicants had never divorced, nor had they ever received any formal objection to their union. The applicants required their marriage to be ratified (itsbat nikah) in order that they have proof of their marriage, and in order that they could obtain a birth certificate for their children.

Acknowledging that the first applicant was not married to four other women, that the second applicant was not married to another man, nor in the process of carrying out the period of iddah (three-month period after divorce has been granted), and that the marriage did not contravene the prohibitions on marriage articulated in arts 8-11 of Law No. 1 of 1974 on Marriage, or arts 39-42 of the Compilation of Islamic Laws, the court acceded to the application. Pursuant to arts 8(2), 35(a) and 36 of Law No. 23 of 2006 on Population Administration, and art 7(1) of the Compilation of Islamic Laws, the court ordered the applicants to register their marriage with a marriage registrar in their local jurisdiction.

The applicants were married in accordance with shari'a on 3 October 1989 by the village imam. The second applicant's older sibling had acted as her marriage guardian, and the dowry (mahar) was a two-gram gold ring paid for with cash. Nothing about the applicants' pre-marriage relationship precluded them from marrying, although the first applicant's first wife had passed away prior to this marriage. The applicants had never divorced, nor had they ever received any formal objection to their union. The applicants required their marriage to be ratified (itsbat nikah) in order that they have proof of their marriage.

Acknowledging that the first applicant was not married to four other women, that the second applicant was not married to another man, nor in the process of carrying out the period of iddah (three-month period after divorce has been granted), and that the marriage did not contravene the prohibitions on marriage articulated in arts 8-11 of Law No. 1 of 1974 on Marriage, or arts 39-42 of the Compilation of Islamic Laws, the court acceded to the application. Pursuant to arts 8(2), 35(a) and 36 of Law No. 23 of 2006 on Population Administration, and art 7(1) of the Compilation of Islamic Laws, the court ordered the applicants to register their marriage with a marriage registrar in their local jurisdiction.

The applicants were married in accordance with shari'a on 8 September 1983 by the village imam. The second applicant's older sibling had acted as her marriage guardian, and the dowry (mahar) was a two-gram gold ring paid for with cash. Nothing about the applicants' pre-marriage relationship precluded them from marrying, and they had subsequently had three children. The applicants had never divorced, nor had they ever received any formal objection to their union. The applicants required their marriage to be ratified (itsbat nikah) in order that they have proof of their marriage, and in order that they could obtain a birth certificate for their children.

Acknowledging that the first applicant was not married to four other women, that the second applicant was not married to another man, nor in the process of carrying out the period of iddah (three-month period after divorce has been granted), and that the marriage did not contravene the prohibitions on marriage articulated in arts 8-11 of Law No. 1 of 1974 on Marriage, or arts 39-42 of the Compilation of Islamic Laws, the court acceded to the application. Pursuant to arts 8(2), 35(a) and 36 of Law No. 23 of 2006 on Population Administration, and art 7(1) of the Compilation of Islamic Laws, the court ordered the applicants to register their marriage with a marriage registrar in their local jurisdiction.

The applicants were married in accordance with shari'a on 12 September 1994 by the village imam. The second applicant's father had acted as her marriage guardian, and the dowry (mahar) was a two-gram gold ring paid for with cash. Nothing about the applicants' pre-marriage relationship precluded them from marrying, and they had subsequently had a child. The applicants had never divorced, nor had they ever received any formal objection to their union. The applicants required their marriage to be ratified (itsbat nikah) in order that they have proof of their marriage.

Acknowledging that the first applicant was not married to four other women, that the second applicant was not married to another man, nor in the process of carrying out the period of iddah (three-month period after divorce has been granted), and that the marriage did not contravene the prohibitions on marriage articulated in arts 8-11 of Law No. 1 of 1974 on Marriage, or arts 39-42 of the Compilation of Islamic Laws, the court acceded to the application. Pursuant to arts 8(2), 35(a) and 36 of Law No. 23 of 2006 on Population Administration, and art 7(1) of the Compilation of Islamic Laws, the court ordered the applicants to register their marriage with a marriage registrar in their local jurisdiction.

The parties were married by a qadhi before two witnesses. They had one child, had never divorced, and the first applicant had not married another woman. While their marriage certificate was in the form of a declaration, they required a court determination acknowledging their marriage as it had had not been registered with the Office of Religious Affairs. This meant that the parties could not obtain a birth certificate for their child, which was required for the child to be registered for school. The parties also required the court determination in order to apply for passports so that they might leave the municipality or even the region.

Citing Bughyatul Mustarsyidin, and finding the information and evidence provided by the applicants to the court affirmed their claim, the court acceded to the applicants' request.

The elucidation (Penjelasan) of Law No. 1 of 1974 on Marriage.

The applicant married her husband in 1961, in accordance with Islam, before having six children. While they were related by blood, their relationship was not forbidden under Islam as they had not shared a wet-nurse, nor were there any objections to their marriage at the time of the ceremony. The applicant's husband passed away due to illness on 24 May 2011, however, as they had never received an official marriage certificate because the marriage took place in 1961, prior to the promulgation of Law No. 1 of 1974 on Marriage, the applicant could not access her deceased husband's pension, to which she was entitled. The applicant, accordingly, sought from the court the ratification of her marriage.

Acceding to the applicant's request, the court noted that the marriage had met the witness requirement (two witnesses), pursuant to arts 24 and 26 of the Compilation of Islamic Laws, the marriage guardian requirement, pursuant to art 19 of the Compilation of Islamic Laws, and the dowry requirement (mahar), pursuant to art 30 of the Compilation of Islamic Laws.

In 1952, the applicants were married in accordance with Islamic law at the second applicant's parents' home. The second applicant's father served as her marriage guardian (wali nikah), two witnesses were present, and the dowry was a 10-acre ricefield purchased with cash. The applicants were second cousins, however, this did not preclude them from marrying according to Islam or current laws. Moreover, the applicants had never shared a wet-nurse, nor did anyone object to their marriage at the time of the ceremony. The applicants, however, had never received an official marriage certificate because their marriage had taken place in 1952, prior to the promulgation of Law No. 1 of 1974 on Marriage. The applicants, accordingly, sought from the court the ratification of their marriage in order to access state subsidies such as the pension.

Acceding to the applicant's request, the court noted that the marriage had met the requirements that there be two witnesses present, that there be a marriage guardian present, and that their be a dowry. Therefore, for the purposes of art 2(1) of Law No. 1 of 1974 on Marriage, and art 7(1), (2) and (3)(d) of the Compilation of Islamic Laws, the applicants were lawfully husband and wife.

The applicant had married her husband in 1945, in accordance with Islam, before having eight children. While they were first cousins, their relationship was not forbidden under Islam as they had not shared a wet-nurse, nor were there any objections to their marriage at the time of the ceremony. The applicant's husband passed away due to illness on 15 September 2010, and in order to gain access to his pension, as well as her entitlements as a widow, the applicant required a marriage certificate. As they had married prior to the promulgation of Law No. 1 of 1974 on Marriage, however, one had never been issued. The applicant, accordingly, sought from the court the ratification of her marriage.

Acceding to the applicant's request, the court, pursuant to art 7(2) and (3)(d) of the Compilation of Islamic Laws, found that the marriage could be ratified on the grounds that it had taken place prior to the promulgation of Law No. 1 of 1974 on Marriage.

The applicant had married her husband on 25 July 1962, in accordance with Islam, before having six children. The applicant and her husband were not blood relations, nor was there any reason according to Islam or current laws to prevent them from marrying. The applicant's husband passed away due to illness on 21 May 2011, and in order to gain access to his pension, as well as her entitlements as a widow, the applicant required a marriage certificate. As they had married prior to the promulgation of Law No. 1 of 1974 on Marriage, however, one had never been issued. The applicant, accordingly, sought from the court the ratification of her marriage.

Acceding to the applicant's request, the court, pursuant to art 7(1), (2) and (3)(d) of the Compilation of Islamic Laws, found that the marriage could be ratified on the grounds that it had taken place prior to the promulgation of Law No. 1 of 1974 on Marriage.

The applicant had married her husband on 6 October 1969, in accordance with Islam, before having four children. The applicant and her husband were not blood relations, nor was there any reason according to Islam or current laws to prevent them from marrying. The applicant's husband passed away due to illness on 20 May 2011, and in order to gain access to his pension, as well as her entitlements as a widow, the applicant required a marriage certificate. As they had married prior to the promulgation of Law No. 1 of 1974 on Marriage, however, one had never been issued. The applicant, accordingly, sought from the court the ratification of her marriage.

Acceding to the applicant's request, the court, pursuant to art 7(3)(d) of the Compilation of Islamic Laws, on the grounds that it had taken place prior to the promulgation of Law No. 1 of 1974 on Marriage, found that the marriage could be ratified.

The applicant married her husband on 5 September 1950, in accordance with Islam, before having seven children. The applicant and her husband were second cousins, but there was no reason according to Islam or current laws to prevent them from marrying. The applicant's husband passed away due to illness on 8 September 2010, and in order to gain access to his pension, as well as her entitlements as a widow, the applicant required a marriage certificate. As they had married prior to the promulgation of Law No. 1 of 1974 on Marriage, however, one had never been issued. The applicant, accordingly, sought from the court the ratification of her marriage.

Acceding to the applicant's request, the court, pursuant to art 7(3)(d) of the Compilation of Islamic Laws, found that the marriage could be ratified on the grounds that it had taken place prior to the promulgation of Law No. 1 of 1974 on Marriage.

The applicant had married her husband on 10 September 1952, in accordance with Islam, before having four children. The applicant and her husband were not blood relations, nor was there any reason according to Islam or current laws to prevent them from marrying. The applicant's husband passed away due to illness on 16 January 2011, and in order to gain access to his pension, as well as her entitlements as a widow, the applicant required a marriage certificate. As they had married prior to the promulgation of Law No. 1 of 1974 on Marriage, however, one had never been issued. The applicant, accordingly, sought from the court the ratification of her marriage.

Acceding to the applicant's request, the court, pursuant to art 7(3)(d) of the Compilation of Islamic Laws, found that the marriage could be ratified on the grounds that it had taken place prior to the promulgation of Law No. 1 of 1974 on Marriage.

The applicant had married her husband on 25 October 1960, in accordance with Islam, before having six children. While they were second cousins, their relationship was not forbidden under Islam as they had not shared a wet-nurse, nor were there any objections to their marriage at the time of the ceremony. The applicant's husband passed away due to illness on 13 April 2011, and in order to gain access to his pension, as well as her entitlements as a widow, the applicant required a marriage certificate. As they had married prior to the promulgation of Law No. 1 of 1974 on Marriage, however, one had never been issued. The applicant, accordingly, sought from the court the ratification of her marriage.

Acceding to the applicant's request, the court noted that the marriage had met the requirements that there be two witnesses present, that there be a marriage guardian present, and that there be a dowry. Therefore, for the purposes of art 2(1) of Law No. 1 of 1974 on Marriage, and arts 4(1) and 14 of the Compilation of Islamic Laws, the applicants' marriage could be declared lawful. Moreover, the court, pursuant to art 7(3)(d) of the Compilation of Islamic Laws, found that the marriage could be ratified on the grounds that it had taken place prior to the promulgation of Law No. 1 of 1974 on Marriage.

The applicant had married her husband on 1 November 1984, in accordance with Islam, before having three children. While they were blood relations, their relationship was not forbidden under Islam or current laws as they had not shared a wet-nurse, nor were there any objections to their marriage at the time of the ceremony. The applicant's husband had passed away due to illness on 6 November 2010, and in order to gain access to his pension, as well as her entitlements as a widow, the applicant required a marriage certificate. The applicant, accordingly, sought from the court the ratification of her marriage.

Acceding to the applicant's request, the court noted that, for the purposes of art 2(1) of Law No. 1 of 1974 on Marriage, and art 4(1) of the Compilation of Islamic Laws, the applicants' marriage could be declared lawful. Moreover, the court, pursuant to art 7(2) and (3)(e) of the Compilation of Islamic Laws, found that the marriage could be ratified on the grounds that there was no reason contained in Law No. 1 of 1974 on Marriage for it not to be.

The applicant had married her husband on 16 August 1942, in accordance with Islam, before having 11 children. While they were second cousins, their relationship was not forbidden under Islam or current laws as they had not shared a wet-nurse, nor were there any objections to their marriage at the time of the ceremony. The applicant's husband had passed away due to illness on 5 April 2011, and in order to gain access to his pension, as well as her entitlements as a widow, the applicant required a marriage certificate. As they had married prior to the promulgation of Law No. 1 of 1974 on Marriage, however, one had never been issued. The applicant, accordingly, sought from the court the ratification of her marriage.

Acceding to the applicant's request, the court noted that the marriage had met the requirements that there be two witnesses present, that there be a marriage guardian present, and that there be a dowry. Therefore, for the purposes of art 2(1) of Law No. 1 of 1974 on Marriage, the applicant and her husband could be deemed husband and wife at law, and, pursuant to art 7(1), (2) and (3)(d) of the Compilation of Islamic Laws, their marriage was deemed lawful on the grounds that it had taken place prior to the promulgation of Law No. 1 of 1974 on Marriage.