Banda Aceh Shari'a Court Decision No. 257 of 2014: Irrevocable Divorce

The parties were married on 29 Feburary 1996 in accordance with Islamic tradition. After marrying they lived in Banda Aceh where they had two children. The plaintiff submitted, however, that since 2007 the parties had quarrelled regularly because the defendant was:

  1. not transparent with his finances;
  2. inattentive to the plaintiff's biological needs; and
  3. very argumentative.

Accordingly, the plaintiff sought a judicial divorce (talak satu ba'in shughra).

The court acceded to the plaintiff's application on the grounds of ongoing conflict between the parties, pursuant to art 39(2) of Law No. 1 of 1974 on Marriage, art 65 of Law No. 7 of 1989, art 19(f) of Government Regulation No. 9 of 1975, and art 116(f) of the Compilation of Islamic Laws. The court also ordered the plaintiff to pay court costs (IDR 391,000).

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