Jember Religious Court Decision No. 1757 of 2015: Irrevocable Divorce Granted

The parties were married on 20 February 2013, had one child, and lived with the plaintiff's parents. The parties were married on 21 June 2012 and had one child. The plaintiff submitted that, for the past year and a half, the parties' marriage had become quarrelsome because the defendant had not provided her with any financial support, compelling the plaintiff to rely on her parents financially. The defendant then left the plaintiff and, since their separation a year ago, the parties had not been physically intimate with one another. Moreover, the plaintiff did not know of the defendant's whereabouts. 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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