Kendari Religious Court Decision No. 414 of 2014: Irrevocable Divorce Granted

The parties were married on 30 December 2000 and had one child. After living in various rental properties over nine years, the parties settled, but a month later separated. The plaintiff submitted that, since 2010, she and the defendant had quarrelled regularly, primarily because the defendant had married another woman, unbeknownst to the plaintiff. In January 2015, the defendant finally left the parties' matrimonial home. The plaintiff believed an irrevocable divorce (talak satu bain sughra) was the only feasible option available.

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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