Jember Religious Court Decision No. 3092 of 2015: Irrevocable Divorce Granted

The parties were married on 31 October 2012 and had lived with the plaintiff's parents. The plaintiff submitted that the marriage had always been quarrelsome because the defendant had never been willing to seek employment, meaning the parties could not meet their domestic needs. Two months prior to the proceeding, the defendant left the plaintiff without notice or a farewell to live with his own parents, and for the two months they were separated they had not shared any physical intimacy. 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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