Makassar Religious Court Decision No. 1015 of 2010: Revocable Divorce Granted

The parties were married on 23 December 2007 and had one child, born on 4 March 2008. They had lived with the respondent's parents for approximately three years. The applicant submitted, however, that, since September 2009, the parties' marriage had become quarrelsome because the respondent:

  1. had never shown her appreciation for the applicant as the head of the household;
  2. was not content with what she had, including the applicant's salary, which she found inadequate;
  3. would often become jealous if the applicant returned home late; and
  4. when angry, would use inappropriate language with the applicant.

As a result, the applicant had left the matrimonial home and returned to his family's home on 23 September 2009, where he had remained for the 11 months leading up to the proceeding.

The court, pursuant to art 19(f) of Government Regulation No. 9 of 1975, and art 116(f) of the Compilation of Islamic Laws, acknowledged that the parties' ongoing conflict constituted a sufficient reason to grant the applicant a revocable divorce (talak satu raj'i). Moreover, the court ordered the parties to abide by the terms of their post-marital agreement, which the court held to be binding at law. The agreement pertained to the matrimonial home, use of the proceeds if the home were to be sold, and child maintenance (calculated in accordance with the applicant's salary).

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