Bantaeng Religious Court Decision No. 180 of 2012: Irrevocable Divorce Granted Due To Ongoing Conflict

The parties were married on 10 November 1999 and lived with the defendant's parents. Initially, the parties' marriage had been harmonious, but, since the birth of their first child, the plaintiff submitted that it had become quarrelsome because the defendant:

  1. frequently directed profane language at the plaintiff;
  2. neglected the plaintiff, often leaving her at home alone for no apparent reason; and
  3. often had unwarranted suspicions that the plaintiff was having an extra-marital affair.

In October 2011, problems escalated when the plaintiff looked after the defendant's aunt, who was then in Bulukumba Hospital. When the plaintiff returned home, the defendant became angry with the plaintiff, telling her to 'sell herself' ('jual saja dirimu'), causing the parties to argue, and then the defendant to leave the plaintiff. The parties had remained separated since. The parties' families' attempts to make the parties reconcile were in vain, and, as a result, 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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