On 1 August 1988, the applicants were married. While they had no children of their own, they had raised and cared for a child named Muh. Ilham, now aged 21 years. Muh. Ilham's parents had given him to the applicants to care for because they had two other children for whom providing financially was already a struggle (at the time Muh. Ilham's father was unemployed, only working as a farmer). The applicants had been prepared to raise Muh. Ilham as their own and were able to bear the costs associated with caring for and educating Muh. Ilham because the first applicant had a steady salary with the Indonesian National Military's ground forces (Tenaga Nasional Indonesia - Angkatan Darat). The applicants requested that they be stipulated as Muh. Ilham's legal adoptive parents.
The court cited art 171(h) of the Compilation of Islamic Laws, which states that an adopted child is a child for whom the responsibility to cover their educational costs and the like is transferred from their biological parents to their adoptive parents, pursuant to a court judgment. Moreover, pursuant to art 49(1) of Law No. 7 of 1989, for the sake of legal certainty, an adoption based on Islamic law requires a religious court determination.
The court found that, pursuant to Islamic legal provisions, child adoption is legal if the following conditions are met:
Acceding to the applicants' request, the court acknowledged that, even though Muh. Ilham was 21 years of age and adoption was no longer appropriate, the history and nature of the applicants' relationship with Muh. Ilham was such that he could be declared their adopted child.