Kendari Religious Court Decision No. 399 of 2015: Irrevocable Divorce Granted

The parties were married on 22 December 2007 and had one child (deceased). The plaintiff submitted that, since the beginning of 2015, the parties' marriage had become disharmonious because the defendant:

  1. would become excessively jealous;
  2. no longer provided the plaintiff with financial support, saving his income for himself;
  3. often used profane language, ordering the plaintiff to leave the home when enraged, always demanding a divorce; and
  4. often threatened the plaintiff verbally by provoking the plaintiff to divorce him promptly, then pronouncing talak (verbal divorce) himself.

Problems escalated and, in March 2015, the plaintiff left the defendant, believing divorce was the only feasible option.

The court conceded that the purpose of marriage, as envisaged in surat Ar-Rum verse 21, art 1 of Law No. 1 of 1974 on Marriage, and art 3 of the Compilation of Islamic Laws, being a peaceful, hopeful and loving (sakinah, mawaddah dan rahmah) household, was no longer feasible. Accordingly, 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, the court granted the plaintiff an irrevocable divorce (talak satu ba'in sughra) on the grounds of ongoing conflict.

FirstPreviousPage 1 of of 14NextLast