Batam Religious Court Decision No. 599 of 2015: Irrevocable Divorce

The parties were married on 12 February 2014 and had one child. The plaintiff submitted, however, that, as early as March 2014, the marriage had begun to deteriorate because the defendant had:

  1. refused to work, meaning he could not meet the parties' domestic needs, thereby compelling the plaintiff to work, and the plaintiff's parents to cover their needs; and
  2. physically assaulted the plaintiff.

Problems escalated and, in December 2014, the defendant left the plaintiff. The plaintiff claimed that she had attempted to reconcile with the defendant, but to no avail. It followed that the plaintiff believed the only feasible option remaining was divorce, pursuant to art 19 of Government Regulation No. 9 of 1975, and art 116 of the Compilation of Islamic Laws.

Based on the information before it, including witness statements, the court acceded to the plaintiff's application, granting her an irrevocable divorce (talak satu ba'in sughra) on the grounds of ongoing conflict, 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. Despite failing to attend the proceeding, the court acknowledged that the defendant had been summonsed officially, pursuant to art 26 of Government Regulation No. 9 of 1975, and art 138 of the Compilation of Islamic Laws.

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