Bantaeng Religious Court Decision No. 207 of 2012: Irrevocable Divorce Granted Due To Ongoing Conflict

The parties were married on 7 August 2001 but had no children. Initially, their marriage had been harmonious. Since 2003, however, the plaintiff submitted that the parties' marriage had become quarrelsome because the defendant:

  1. had failed to provide the plaintiff with sufficient financial support;
  2. frequently used profane language with the plaintiff, even when discussing insignificant matters; and
  3. was frequently suspicious of the plaintiff, directing unwarranted accusations at the plaintiff claiming that she had had an extra-marital affair.

On 11 July 2012, problems escalated when the defendant accused the plaintiff of having an extra-marital affair simply because she had received a text message and telephone call from one of the defendant's relatives. Two days later, finding his poor attitude intolerable, the plaintiff left the defendant. The parties had remained separated for the three months leading up to the proceeding. As a result of the suffering the defendant's conduct had caused the plaintiff, the plaintiff believed that the only feasible option available was divorce.

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.

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