SHARIAsource

The applicants were married in accordance with shari'a on 10 February 1985 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 seven 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 February 1980 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 seven 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 2 January 1980 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 four 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 March 1988 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 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 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 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.

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.

This fatwa states that the Islam Jama'ah sect commenced in Indonesia in the 1970s. As its teachings were misled and misleading, and led to disquiet among Indonesian society, its interpretation of Islam was prohibited by the government in 1971. Islam Jama'ah, however, continued to operate under different names, which continued to change until 1977-78. The philosophy of Islam Jama'ah was that there were 72 categories of Muslims who were not part of Islam Jama'ah and would, therefore, be directed to hell.

The sect believed it had to appoint a Leader of Believers (Amirul Mukminin) as its central leadership; a leader who must be obeyed. Adherents had to pledge allegiance to this Leader in order to be guaranteed passage to heaven, and the only rightful and permissible Islamic teachings came from ther Leader. Adherents of the sect also had to cut off ties with persons from these other categories, even if those people were their parents; they were not allowed to pray behind people who were not adherents of Islam Jama'ah; they were not allowed to wear clothing for prayers that had been touched by people who were not adherents unless it had been cleansed; husbands even had to endeavour to make their wives join the sect, and if their wives refused, they would have to divorce them. A legitimate marriage was one officiated by the sect's leader, and for a sermon to be legitimate it would have to be conducted in Arabic.

This fatwa states that Islam Jama'ah, Darul Hadits (or whatever other pseudonym the sect may have adopted), is contrary to the teachings of Islam, and that its dissemination is designed to destablise the state. It implores Muslims to avoid its teachings and to return to the pure teachings of Islam with the intent and desire to similarly save those who have already chosen Islam as their religion from the wrath of Allah. It also implores people to report to their local public prosecutor any evidence of activities conducted by Islam Jama'ah.

The court ratified the appellants' Islamic marriage of 8 November 1991, and ordered them to register their marriage with the Office of Religious Affairs. Pursuant to art 14 of the Compilation of Islamic Laws, the court found no reason to preclude the ratification of the marriage.

The applicant submitted that she and her deceased husband were married, in accordance with Islamic law, on 7 May 1991 and had one child. They had already had their marriage ratified but had lost their marriage certificate in the tsunami.

On the evidence produced by the applicant, the court, pursuant to art 7(3)(b) and (e) of the Compilation of Islamic Laws, acceded to her application.

The applicant's husband, Usman bin Abd. Latif, passed away in 2001 due to illness. He and the applicant had married in 1955 in Baiturrahim Mosque in Beutong, Labuhan Haji Timur, South Aceh, and had five children. Usman had worked as a farmer his whole life and never had a steady income. The applicant did not hold a certified marriage certificate, however, which she needed in order to apply for a passport so that she could embark on the hajj. Therefore, she requested that the court ratify her marriage.

Acceding to the applicant's request, the court found that the applicant's marriage to the deceased met the requirements of marriage according to Islam, as enunciated in art 14 of the Compilation of Islamic Laws. Moreover, it met the requirements of art 7(3)(d) of the Compilation of Islamic Laws, in that the marriage took place prior to the enactment of Law No. 1 of 1974 on Marriage.

The applicants submitted that they were married in accordance with Islamic law on 15 March 2005 in Klang, Malaysia, and had one child. Since they had married the parties had never obtained a marriage certificate in either Malaysia or Indonesia. Regardless, the parties requested that the court ratify their marriage.

On the evidence produced by the applicants, the court, pursuant to art 7(3)(e) of the Compilation of Islamic Laws, and citing kitab I'anatut Thalibin, vol IV, page 254, acceded to their application.

This ministerial regulation makes provision for marriage guardians for prospective brides who do not have a marriage guardian who meets the requirements set out in Islamic law, that is, a blood relative Muslim man from their father's side. The regulation mandates that that marriage guardian is to be a ministerial-appointed Head of the Office of Religious Affairs Registrar.