Bantaeng Religious Court Decision No. 174 of 2012: Revocable Divorce and Compensation Granted

The first year of their marriage was harmonious, however, from thereon the parties had begun to quarrel regularly because, the applicant submitted, the respondent:

  1. frequently directed profane language towards, and hit, the applicant, even over minor matters; and
  2. would become angry if the applicant gave money to his daughter (from a previous marriage).

Problems between the parties escalated and, on 15 May 2012, when the respondent became angry that the applicant was helping his son-in-law renovate his house, the applicant physically assaulted the respondent, and then left her. The parties had remained separated since (for approximately five months). The applicant's family's attempts to make the parties reconcile proved to be in vain. Believing there was no hope for the parties to reunite, the applicant requested that the Court grant him a divorce.

The respondent denied having directed profane language at the applicant, having physically assaulted him, or having been angered by the applicant providing his daughter with money. The respondent also disputed the claim that the applicant helping his son-in-law renovate his house had upset her; rather, she submitted, it was the applicant who was angry and had, therefore, hit the respondent.

The respondent submitted her own counterclaim, noting that the applicant had provided her with a 10 x 10m plantation as a dowry (mahar), and that the parties had, as a joint asset, a 25-acre plantation. The respondent sought that the dowry plantation be returned to the applicant, but that she acquire the 25-acre plantation.

The applicant submitted that the respondent had never enjoyed control of the dowry property, and that the respondent should not be granted ownership of the 25-acre plantation. Moreover, that the parties had other joint assets that the respondent had not disclosed to the Court, which were:

  1. pledged land (IDR 10 million);
  2. a stilted house, (6m2);
  3. 40 tiles (30cm2);
  4. installation costs for one kilometre of electricity (IDR 3.2 million);
  5. Malaysian gold purchased in 2008, in the form of a 20-gram necklace, and two 7-gram rings (IDR 8 million);
  6. one water pump (IDR 500,000); and
  7. a hajj deposit in both parties' names.

The respondent submitted that, as the applicant's daughter had often come to the dowry plantation to take some of the plantation's yield, without the respondent's permission, the respondent would return the dowry plantation to the applicant in exchange for the 25-acre plantation. The respondent also submitted that installation costs for a kilometre of electricty were not a joint asset because that money was the result of the respondent selling her property for IDR 3.5 million.

The court acceded to the applicant's request for a divorce, granting a revocable divorce (talak satu raj'i), pursuant to art 19(f) of Government Regulation No. 9 of 1975, and art 116(f) of the Compilation of Islamic Laws on the grounds of ongoing conflict. The court noted, however, that, based on witness evidence, as well as the parties' submissions, the respondent had not been a disobedient or defiant wife (nusyuz), and that, because it was the applicant who left the matrimonial home, the respondent was entitled to receive financial maintenance payments from the applicant. The court ordered the applicant to pay to the respondent IDR 300,000 per month for three months (IDR 900,000) for iddah (three-month period after divorce has been granted). In addition, the court ordered the applicant to pay to the respondent IDR 300,000 in mut'ah (divorce compensation).

The court dismissed the respondent's claim over the 25-acre plantation, but granted her the dowry plantation on the grounds that it had been in her possession since the parties married. The court concurred with the applicant regarding the seven joint assets, ordering the respondent to provide to the applicant 50 per cent of those assets.

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