Kendari Religious Court Decision No. 276 of 2015: Irrevocable Divorce Granted

The parties were married on 8 January 2013 but had no children. The plaintiff submitted that, since 24 July 2014, the marriage had become disharmonious because:

  1. the parties quarrelled regularly, their differences seemingly irreconcilable;
  2. the defendant failed to provide his family with sufficient financial support; and
  3. the parties were no longer compatible.

Problems escalated when, on 12 August 2014, the defendant arrived in Kendari from Jaya Pura, and only spent one night with the plaintiff before leaving for Bau-Bau without informing the plaintiff or her parents. The parties then remained separated for the next year. Consequently, the plaintiff felt that divorce was the only feasible option remaining.

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.

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