Bukittinggi Religious Court Decision No. 425 of 2015: Revocable Divorce Granted

The parties were married on 12 January 2001 and had one child. The applicant submitted that, by the beginning of 2014, the parties' marriage had become quarrelsome because the respondent had:

  1. undervalued the applicant as her husband by, for example, not being at home when the applicant would return home for lunch, without first requesting the applicant's permission, and becoming angry when the applicant would confront the respondent about this; and
  2. undervalued the applicant's family, frequently refusing to meet members of the applicant's family when they would visit.

Problems escalated at the end of 2014 when the respondent, for no apparent reason, refused to lend the applicant money to assist with his sale of daily items, despite the fact that the applicant had helped the respondent purchase bananas to be taken to market for sale. After the ensuing argument, the applicant left the respondent for his parents' home, where he had remained for the eight months leading up to the proceeding. The applicant had, however, continued to provide financial support for the parties' child. The applicant, accordingly, sought the court's permission to divorce (talak satu raj'i) the respondent.

Other than refuting many of the applicant's submissions, the respondent also counterclaimed for the following:

  1. IDR 4.5 million for iddah (three-month period after divorce has been granted);
  2. a prayer (shalat) instrument as mut'ah (divorce compensation); and
  3. IDR 1.5 million per month in child maintenance.

The applicant, in response, claimed he could only afford the following:

  1. IDR 500,000 for iddah;
  2. a prayer instrument as mut'ah; and
  3. IDR 1.5 million in 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 ordered the applicant to pay to the respondent the following:

  1. IDR 2 million for iddah;
  2. a prayer instrument as mut'ah; and
  3. IDR 1.5 million per month in child maintenance.
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