Batam Religious Court Decision No. 524 of 2015: Irrevocable Divorce

The parties were married on 15 March 2012 but had no children. They had begun to quarrel as early as two months after being married because, the plaintiff submitted, the defendant:

  1. had another wife, which he was dishonest about to the plaintiff;
  2. drank alcohol and gambled, often coercing the plaintiff into providing him with money.

Problems escalated in July 2012 as a result of the defendant's selfishness and refusal to resolve matters with his other wife. The defendant left the parties' home, providing the plaintiff with no subsequent financial support. It followed that the plaintiff believed that 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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