Bukittinggi Religious Court Decision No. 454 of 2015: Revocable Divorce Granted

The parties were married on 2 April 2015, after which they lived with the respondent's parents in Agam for approximately one week, before moving to a rental property. The applicant submitted that the parties' marriage had been harmonious for a mere 10 days before the respondent frequently became angry with the applicant for coming home late from work.

Problems escalated at the end of June 2015 when the respondent accused the applicant's child of groping the applicant's genitals while the applicant was sleeping. The applicant refused to believe the respondent's accusation, while the applicant's child similarly denied it. The respondent, however, remained steadfast in her accusation leading to the parties arguing and, the following day, the applicant took the respondent to her parents' home. The parties had remained separated for the next two months. Familial intervention had failed to reunite the parties, and the applicant sought the court's permission to divorce the respondent (talak satu raj'i).

As a counterclaim, the respondent sought IDR 2.5 million to cover her expenses for the two-month period the parties had been separated leading up to the proceeding. Furthermore, for iddah (three-month period after divorce has been granted), the respondent sought IDR 3 million, and for mut'ah (divorce compensation) 2.5 grams (1 mas) of 24-carat gold. The applicant submitted that he could only afford the following:

  1. IDR 600,000 for the two months the parties were separated;
  2. IDR 500,000 for iddah; and
  3. one 24-carat gold ring with a weight of 0.625 grams (one-quarter of a mas).

The court acceded to the applicant's request, pursuant to art 19(f) of Government Regulation No. 9 of 1975, and art 116(f) of the Compilation of Islamic Laws, on the grounds of ongoing conflict. With regards to the respondent's counterclaim, the court ordered the applicant to pay to the respondent the following:

  1. IDR 600,000 for the two months the parties were separated;
  2. IDR 900,000 for iddah; and
  3. one 24-carat gold ring with a weight of 1.25 grams (one-half of a mas).
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