Bantaeng Religious Court Decision No. 103 of 2014: Irrevocable Divorce Granted on Grounds of Ongoing Conflict

The parties were married on 25 September 2011 and had one child, who was in the plaintiff's care. Initially, their marriage was harmonious, but after the birth of their child, it had become quarrelsome. The plaintiff submitted this was because the defendant:

  1. had not provided her with any financial support, rather, giving his entire income to his parents; and
  2. was frequently emotionally and physically abusive towards the plaintiff, even over minor matters.

Problems escalated and, in April 2013, when the parties' child passed away, the defendant left the plaintiff for Kalimantan and cut all ties with her. As the defendant's whereabouts were unknown, nothing could be done by the parties' families to orchestrate a reunion. Accordingly, the plaintiff believed that divorce was the only feasible option available.

Based on the evidence before it, including that provided by witnesses, pursuant to art 19(f) of Government Regulation No. 9 of 1975, and art 116(f) of the Compilation of Islamic Laws, the Court acceded to the plaintiff's request for an irrevocable divorce (talak satu ba'in sughra) on the grounds of ongoing conflict. In further support of its decision it cited surat ar-rum verse 21, Kitab al-Qawaid al-Fiqhiyyah li al-Syaikh Muhammad Halim al-Utsaimin, as well as art 1 of Law No. 1 of 1974 on Marriage, and art 3 of the Compilation of Islamic Laws, emphasising that the purpose of marriage had long ago been repudiated by the parties.

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