Lhokseumawe Shari'a Court Decision No. 304 of 2014: Irrevocable Divorce Granted

The parties were married on 3 January 2013. Their marriage was arranged by their parents, and they had never been in love with one another. While they had lived together for two months, they had never consummated their marriage. Moreover, the defendant had ordered the plaintiff to return home to Meuria Paloh, after which the defendant verbally divorced the plaintiff over the telephone. The parties had not lived together since 9 March 2013, and the plaintiff had not returned to the defendant after the defendant orally divorced her.

Despite the defendant's absence, the court acceded to the plaintiff's application for an irrevocable divorce (talak ba'in shughra), acknowledging that the purpose of marriage, as envisaged in art 1 of Law No. 1 of 1974 on Marriage, and surat Al-rum verse 21, being a peaceful, hopeful and loving (sakinah, mawaddah dan warahmah) homelife was no longer feasible. Moreover, that, pursuant to art 39(2) of Law No. 1 of 1974 on Marriage, art 19(f) of Government Regulation No. 9 of 1975, and art 116(f) of the Compilation of Islamic Laws, ongoing conflict between the parties was sufficient reason to grant a divorce.

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