Balikpapan Religious Court Decision No. 791 of 2014: Revocable Divorce

The parties were married on 19 March 1988 and had four children. They lived on Java for 11 years, before moving to Balikpapan. Initially, the marriage was harmonious. By 2007, however, it had become quarrelsome because, the applicant submitted, the respondent:

  1. was dishonest regarding finances;
  2. ignored the applicant if he reminded her to pray (sholat);
  3. would overreact if the applicant asked her a question; and
  4. had obstetric fistula, which prevented her from being physically intimate with the applicant.

The parties separated on 20 May 2013, after the respondent left the matrimonial home. The applicant submitted that he had suffered emotionally as a result and requested the court grant him a revocable divorce (talak satu raj'i).

The court acceded to the applicant's request on the grounds of ongoing conflict between the parties, pursuant to art 19(f) of Government Regulation No. 9 of 1975, and art 116(f) of the Compilation of Islamic Laws. The Court also acknowledged that the parties' marriage was no longer a peaceful, hopeful and loving domestic life based on the principle of One Almighty God, as envisaged by art 1 of Law No. 1 of 1974 on Marriage, and art 3 of the Compilation of Islamic Laws.

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