Kendari Religious Court Decision No. 256 of 2015: Irrevocable Divorce Granted

The parties were married on 21 January 2013 and had one child. The plaintiff submitted that, since 2013, she and the defendant had begun to quarrel regularly because the defendant:

  1. often directed profanities at the plaintiff;
  2. rarely provided the plaintiff with financial support; and
  3. often physically assaulted the plaintiff.

Problems escalated in 2013, resulting in the plaintiff leaving the parties' matrimonial home. The plaintiff believed that the marriage was irreparable, making divorce the only feasible option.

The court conceded that the purpose of marriage, as envisaged in surat Ar-Rum verse 21, and art 1 of Law No. 1 of 1974 on Marriage, 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 applicant an irrevocable divorce (talak satu ba'in sughra) on the grounds of ongoing conflict.

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