Bantaeng Religious Court Decision No. 99 of 2012: Irrevocable Divorce Granted Due To Ongoing Conflict

The parties were married on 21 May 2008 but had no children. They had lived with the plaintiff's parents for the first three nights of their marriage, before moving to the defendant's parents, where they then lived for two years and nine months. As early as October 2008, however, the plaintiff alleged that she and the defendant had begun to quarrel regularly because the defendant:

  1. was often intoxicated and showed no signs of reforming;
  2. was frequently abusive (verbally and physically) towards the plaintiff; and
  3. frequently suspected the plaintiff was having an extra-marital affair.

On 6 February 2011, problems escalated when the plaintiff went to her parents' home to work on the rice padi her parents had given her. Before leaving, the plaintiff had requested the defendant's permission, but when the plaintiff returned two days later, the defendant became angry, stating that he had only granted the plaintiff permission to stay at her parents' home for one night, not two. The defendant then ordered the plaintiff to leave their home, and since then, the parties had remained separated (one year and three months). During that time, the defendant had not provided the plaintiff with any financial support. The defendant's family's efforts to make the parties reconcile were also to no avail. As a result, the plaintiff believed that the only feasible option remaining 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 19(f) of Government Regulation No. 9 of 1975, and art 116(f) of the Compilation of Islamic Laws.

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