Parepare Religious Court Decision No. 370 of 2012: Irrevocable Divorce Granted Due to Extended Separation and Ongoing Conflict

The parties were married on 24 August 2008 and had lived with the plaintiff's parents for one year and four months, before moving to a rental property in Takkalao for a year, before then living in their own home in Bojo for a month. The parties also had one child, who was, at the time of the proceeding, in the plaintiff's care. The plaintiff submitted that the parties' marriage had been harmonious initially, but, by October 2008, it had become quarrelsome because the defendant had failed to sufficiently provide for the plaintiff and their child. In December 2010, the parties quarrelled when the plaintiff felt disrespected by the defendant's parents. Then, in January 2011, the plaintiff left the parties' home for her parents' home, feeling she could no longer cope with her treatment at the hands of the defendant and his parents. The parties had remained separated for the following one year and nine months, which had caused the plaintiff to suffer greatly, and to feel that divorce was the only feasible option remaining.

The court acceded to the plaintiff's request for an irrevocable divorce (talak satu bain sughra), citing art 1 of Law No. 1 of 1974 on Marriage, and art 3 of the Compilation of Islamic Laws, in its assessment that the parties' marriage was no longer happy and joyful, nor peaceful, hopeful and loving. The court, pursuant to art 39(2) of Law No. 1 of 1974, and art 19(b) and (f) of Government Regulation No. 9 of 1975, and art 116(b) and (f) of the Compilation of Islamic Laws, based its decision on the fact that the parties had been apart for two consecutive years and ongoing conflict respectively.

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