Bukittinggi Religious Court Decision No. 426 of 2015: Revocable Divorce Granted

The parties were married on 26 May 2000 and had three children. The applicant submitted that the parties' marriage had been harmonious until June 2012, after which time it had become quarrelsome because the respondent had had an extra-marital affair. The applicant learned of the affair after noticing the respondent telephoning the other man from various places such as the parties' bedroom, the bathroom, and kitchen, sometimes in the middle of the night. The applicant also submitted that the respondent would wait until the applicant was asleep before calling the other man, and would even take their son Iqbal with her when she would meet him.

Problems escalated in August 2012 when the respondent forbade the respondent from seeing or telephoning this other man. The respondent maintained that he was merely a friend and became angry with the applicant. The applicant then left the matrimonial home and moved to his parents' home. The parties had remained separated for the three years leading up to the proceeding. Familial intervention had failed to make the parties reconcile, and the applicant sought the court's permission to divorce the respondent (talak satu raj'i).

The respondent's counterclaim included requests for:

  1. IDR 25 million to cover her expenses for the four-year period the parties were separated;
  2. IDR 3 million for iddah (three-month period after divorce has been granted);
  3. a prayer (sholat) instrument as mut'ah (divorce compensation); and
  4. IDR 3 million per month for child maintenance.

The applicant, in response, offered:

  1. two motorcycles for the four-year period the parties were separated, as these were acquired during the parties' marriage;
  2. IDR 1.5 million for iddah;
  3. a prayer instrument as mut'ah, as requested; and
  4. IDR 2.4 million per month for child maintenance.

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, noting that the applicant's average monthly wage was IDR 5 million, ordered the applicant to pay to the respondent the following:

  1. IDR 15 million for the four-year period;
  2. IDR 3 million for iddah;
  3. a prayer instrument; and
  4. IDR 3 million per month in child maintenance.
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