Parepare Religious Court Decision No. 145 of 2013: Revocable Divorce Granted Due to Ongoing Conflict

The parties were married on 21 March 2011 and had one child. They had, at times, lived with both the applicant's parents and the respondent's parents. By January 2012, however, the applicant submitted that the marriage had become quarrelsome because the respondent:

  1. would ignore the applicant's advice;
  2. refused to carry out her spousal obligations;
  3. would want to return her to parents' home if she became angry; and
  4. had been dishonest with the applicant.

Problems escalated in August 2012 when the respondent forbade the applicant from visiting his family who were mourning the loss of a family member. Despite efforts from both parties' families and the applicant to counsel the respondent about her conduct, the respondent refused to listen, instead leaving the applicant, returning to her parents' home, without the applicant's permission. The parties had remained separated for the nine months leading up to the proceeding, which had caused the applicant great emotional suffering. The applicant sought the court's permission to divorce the respondent, submitting that there was no hope of the parties reuniting (talak satu raj'i).

Despite the respondent's absence from court, the court, pursuant to art 19(f) of Government Regulation No. 9 of 1975, and art 116(f) of the Compilation of Islamic Laws, acceded to the applicant's request on the grounds of ongoing conflict.

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