Bukittinggi Religious Court Decision No. 475 of 2015: Irrevocable Divorce Granted

The parties were married on 9 December 1996 and had five children. They had lived with the plaintiff's parents for one month, before moving around Bukittinggi and Riau for approximately eight years, finally settling in Agam. The plaintiff submitted that, by the beginning of 2004, the marriage had become quarrelsome because the defendant:

  1. rather than providing for his family, would frequently preach with Jamaah Tabligh, incurring many debts along the way, forcing the plaintiff to have to work as a street vendor to make ends meet; and
  2. had failed to care for and protect the plaintiff as his wife, showing little interest in any concerns she might have.

Problems escalated in August 2015 when the defendant fell from his motorcycle. When the plaintiff inquired with the defendant as to the cause of his fall, the defendant responded that he had been having negative thoughts about the plaintiff, which had caused him to fall. The plaintiff responded by saying that she could no longer live like this. The defendant's refusal to apologise left the plaintiff feeling offended. When the defendant then prepared a document stating that he divorced the plaintiff, the plaintiff filed for divorce with the court.

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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