Batam Religious Court Decision No. 629 of 2015: Irrevocable Divorce

The parties were married on 5 September 1999, the plaintiff's father acting as the parties' wedding guardian (wali nikah). The parties had two children. The parties' marriage certificate (buku nikah), however, had not been issued, and when the plaintiff inquired with the Sekupang Office of Religious Affairs as to its status, it became apparent that the marriage had never been officially registered.

After the first year of marriage, the plaintiff alleged that the parties had begun to quarrel because the defendant:

  1. had not provided the plaintiff and their children with sufficient financial support, only working for himself, without showing any care for the plaintiff and their family;
  2. had a temperamental nature, always physically assaulting the plaintiff if the parties had a verbal disagreement;
  3. often left the matrimonial home without any reason, returning home in the middle of the night or the next morning;
  4. would prioritise himself over the plaintiff and their children, not purchasing the children clothing, for example; and
  5. had already divorced (pronounced talak) the plaintiff on 28 April 2003 on paper (with stamp-duty paid).

After divorcing the plaintiff, the defendant had left her and their children, ignoring the plaintiff's attempts to reconcile and reunite. The plaintiff believed that divorce was now the only feasible option. The plaintiff also sought custody of the children, who were already living under her care, the defendant having shown no interest in their well-being.

In ratifying the parties' marriage, the court acknowledged that the plaintiff had submitted a marriage ratification application for the purposes of divorce, pursuant to art 7(3)(a) of the Compilation of Islamic Laws. It also conceded that the purpose of marriage, as envisaged in 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, Kitab Fiqih Sunnah Juz II, and Manhaj al-Thullab juz VI, the court granted the applicant an irrevocable divorce (talak satu bain sughra) on the grounds of ongoing conflict.

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