Jember Religious Court Decision No. 2953 of 2015: Irrevocable Divorce Granted

The parties were married on 22 March 1999 and had two children. The plaintiff submitted, however, that for the past three years, she and the defendant had begun to quarrel regularly. Moreover, that the defendant often physically assaulted her, and that she had discovered that the defendant had had an extra-marital affair. When problems escalated between the parties, the defendant finally left the matrimonial home to live with his parents, where he had remained for the past three years. During that time the parties had not been physically intimate with one another. The plaintiff submitted that the defendant's attitude and behaviour had caused her extended suffering, that she had endeavoured to rectify the situation with the defendant, but that she now felt divorce to be the only feasible option available.

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, art 116(f) of the Compilation of Islamic Laws, and Kitab Fiqih Sunnah Juz II, the court granted the applicant an irrevocable divorce (talak satu ba'in sughra) on the grounds of ongoing conflict. The court also cited Kitab Al-Anwar Juz II in support of its granting a divorce in the absence of the defendant, who had failed to attend court, despite having been formally summonsed.

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