Bantaeng Religious Court Decision No. 202 of 2011: Revocable Divorce Granted

The parties were married on 18 June 2006 and had one child. They lived with the respondent's parents for one year, before moving to their own home, where they had lived for approximately five years. The applicant, however, claimed that he and the respondent had begun to quarrel regularly because the respondent:

  1. had ordered the applicant to leave the house;
  2. often owed other people money, unbeknownst to the applicant; and
  3. frequently directed profane language at the applicant.

When problems escalated, the parties separated. The applicant's family's efforts to make the parties reconcile were also to no avail. As a result, the applicant believed that the only feasible option remaining was divorce.

The court stated that, because the case centred around a domestic dispute, art 22(2) of Government Regulation No. 9 of 1975, in conjunction with art 76(1) of Law No. 7 of 1989, compelled it to hear information from witnesses who were family or persons close to the parties, in order to ascertain the extent of the quarrelling between the parties. Based on the information provided by the two witnesses produced by the applicant, the court was convinced that the applicant's claim was grounded in fact. Moreover, the purpose of marriage, being to create a joyful and enduring family and domestic life, per art 1 of Law No. 1 of 1974 on Marriage, and art 3 of the Compilation of Islamic Laws, was no longer feasible. Accordingly, the court acceded to the applicant's request and granted him a revocable divorce (talak satu raj'i).

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