Morotai Religious Court Decision No. 17 of 2015: Irrevocable Divorce Granted

The parties were married on 18 July 2012 and had one child. Initially, the marriage had been harmonious. By the beginning of 2014, however, when the plaintiff enrolled in an undergraduate university degree, the parties began to quarrel regularly. The plaintiff submitted that the defendant would become unnecessarily jealous, and intoxicated frequently. The defendant also had an aversion to praying (sholat) and fasting. In May 2014, after another argument, the defendant left the parties' home, since which time the parties had remained separated. During those seven months the defendant had also failed to provide the plaintiff with any financial support. The plaintiff, pursuant to art 19(f) of Government Regulation No. 9 of 1975, and art 116(f) of the Compilation of Islamic Laws, sought an irrevocable divorce (talak satu bain sughra) on the grounds of ongoing conflict.

The court, pursuant to art 19(a) and (f) of Government Regulation No. 9 of 1975, and art 116(a) and (f) of the Compilation of Islamic Laws, acceded to the plaintiff's request on the grounds of both the defendant's alcoholism and ongoing conflict. It also acknowledged that the purpose of marriage, being a happy and joyful domestic life, as prescribed in art 1 of Law No. 1 of 1974 on Marriage, as well as a peaceful, hopeful and loving marriage, as contained in art 3 of the Compilation of Islamic Laws, and verse 21 of the Qur'an, Surat Ar-Rum, was no longer feasible.

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