Sinabang Shari'a Court Decision No. 65 of 2015: Irrevocable Divorce Granted

The parties were married on 22 August 2008 and had two children, who were now in the plaintiff's care. The parties lived in the village of Sembilan before, in March 2014, the plaintiff moved to Ameria Bahagia and the defendant to Damai Makmur. Initially, the parties' marriage was harmonious. By March 2010, however, it had become quarrelsome because, the plaintiff submitted, the defendant had begun to smoke marijuana and gamble, among other illicit (haram) activities.

Problems escalated in March 2015 when it was discovered that the defendant had sold his motorcycle for IDR 3 million to his brother to feed his gambling addiction. When the plaintiff confronted the defendant over this he grabbed a machete, seemingly with the intent to kill the plaintiff. The plaintiff subsequently moved to her grandfather's home in Ameria Bahagia.

Unable to cope any longer with the defendant's behaviour, the plaintiff requested that the court grant her an irrevocable divorce (talak satu bain sughra), and, owing to her own impecuniosity, waive any court fees. The court, 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, acceded to the plaintiff's request on the grounds of ongoing conflict. It also determined that the court fee would be borne by the state.

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