Kendari Religious Court Decision No. 626 of 2014: Irrevocable Divorce Granted

The parties were married on 26 February 2008 and had one child. The plaintiff submitted that, since February 2012, she and the defendant had quarrelled regularly, primarily as a result of the defendant having married another woman, unbeknownst to the plaintiff. It was also in 2012 when the defendant left the parties' home. Feeling the parties' differences were irreconcilable, the plaintiff lodged an application for an irrevocable divorce (talak satu bain sughra).

Despite being formally summonsed, pursuant to art 26 of Government Regulation No. 9 of 1975, and art 138 of the Compilation of Islamic Laws, the defendant failed to attend court. Regardless, the court, pursuant to art 19(f) of Government Regulation No. 9 of 1975, and art 116(f) of the Compilation of Islamic Laws, acceded to the plaintiff's application on the grounds of ongoing conflict. The court conceded that the purpose of marriage, as envisaged in art 3 of the Compilation of Islamic Laws, being a peaceful, hopeful and loving (sakinah, mawaddah dan rahmah) household, was no longer feasible, and that the plaintiff had established sufficient reasons to be granted a divorce, as required under art 39 of Law No. 1 of 1974 on Marriage, and art 65 of Law No. 7 of 1989 on the Religious Judiciary. It also cited Kitab Ia’natul Thalibin Juz III in support of its decision.

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