SHARIAsource

The parties were married on 16 August 2012 and had one child. The plaintiff submitted, however, that the marriage had only been harmonious for six months until March 2013, after which time the defendant had:

1. failed to provide for his family, causing the plaintiff to have to work in order to meet their daily domestic needs;
2. failed to show appropriate care and consideration for the plaintiff and their child;
3. had an extra-marital affair, which the plaintiff had learned about from reading a text message sent to the defendant's mobile phone; and
4. been dishonest regarding his finances, crying poor when the plaintiff requested money to purchase groceries, but always having enough money to drink at roadside stalls (warung).

Problems escalated at the end of April 2015 when the defendant refused to provide the plaintiff with extra shopping money. When the plaintiff inquired as to where the defendant stored his money, and the defendant refused to answer, the plaintiff told the defendant to leave the matrimonial home. The parties had remained separated since.

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, as well as Surah ar-Rum, verse 21 from the Qur'an.