Bireuen Shari'a Court Decision No. 11 of 2013: Irrevocable Divorce Granted Due To Ongoing Conflict

The parties were married on 12 March 2001 and had three children. The defendant had lived with the plaintiff's parents for the first six months of the marriage, before relocating to Malaysia. After a period of time in Malaysia, he returned to Indonesia to bring the plaintiff with him back to Malaysia. The marriage had been harmonious up until the birth of the parties' first child in 2003, after which time it had become quarrelsome and violent. The defendant would kick and beat the plaintiff frequently, even once sadistically beating her in front of her own parents.

In an effort to stem her exposure to this physical violence, the plaintiff slept in a separate bedroom from the defendant, but the violence continued. In August 2012, the plaintiff finally left the matrimonial home and, in her application for a divorce, told the court that the purpose of marriage, being a peaceful, hopeful, and loving (sakinah, mawaddah, dan rahmah) domestic life, was no longer feasible.

While the defendant disputed the plaintiff's allegations, the court acceded to the plaintiff's application, acknowledging that the marriage was beyond repair. Pursuant to art 39(2) of Law No. 1 of 1974 on Marriage, art 19(f) of Government Regulation No. 9 of 1975, and art 116(f) of the Compilation of Islamic Laws, as well as verse 21 of the Qur'an, surat ar-Rum, the court granted the plaintiff an irrevocable divorce (talak satu bain sughra) on the grounds of ongoing conflict.

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