Makassar Religious Court Decision No. 1995 of 2015

The parties were married on 15 November 2006 and had two children. They had been separated for the past five years and, for the duration of the marriage, the defendant had failed to provide the plaintiff with any financial support. The defendant had also displayed alcoholic tendencies, and had failed to care for his children. The plaintiff submitted that divorce was the only feasible option available.

The Court acceded to the plaintiff's request for an irrevocable divorce (talak satu ba'in sughra) on the grounds of ongoing conflict, 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 no longer represented a joyful and everlasting union, as envisaged by art 1 of Law No. 1 of 1974 on Marriage, or a peaceful, hopeful and loving (sakinah, mawaddah dan rahmah) family, as envisaged art 3 of the Compilation of Islamic Laws.

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