Padang Religious Court Decision No. 103 of 2015: Irrevocable Divorce Granted

The parties were married on 8 July 1995 and had three children (born 10 April 1996, 28 March 2002, and 2 February 2007). After they married they lived in Padang for a year, before moving to Jakarta for two years, then to Medan for six months, before finally returning to Padang. The marriage was harmonious for the first 15 years, before it became quarrelsome in mid-2010. The plaintiff submitted that this was because the defendant:

  1. had failed to provide enough for the plaintiff and their family;
  2. was abusive towards the plaintiff's family; and
  3. was known to have to have stolen money from people that lived near the parties' home, which reflected badly on the plaintiff.

The plaintiff also submitted that when the parties would argue, the defendant would use inappropriate language with her, even once hitting the plaintiff, causing her plaintiff physical and emotional suffering. Problems escalated on 23 December 2014 when the defendant appropriated IDR 21 million from another person's savings account. This left the plaintiff requesting that the Court grant her an irrevocable divorce (talak satu ba'in sughra), feeling as though she could no longer sustain a marriage with the defendant.

The court acceded to the request, finding sufficient reason to grant a divorce, as required by art 39(2) of Law No. 1 of 1974, art 22(2) of Government Regulation No. 9 of 1975, and art 134 of the Compilation of Islamic Laws. Pursuant to art 19(f) of Government Regulation No. 9 of 1975, and art 116(f) of the Compilation of Islamic Laws, it granted the plaintiff a divorce on the grounds of ongoing conflict.

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