Meulaboh Shari'a Court Decision No. 50 of 2012: Divorce and Iddah Granted

The parties were married on 22 February 2001 and had one child. The applicant submitted that the marriage had been harmonious for the first eight years, after which it had then became quarrelsome. The applicant submitted that the primary reason for the disharmony was the respondent's failure to fulfil her spousal obligations, such as preparing meals on time, as well as obeying the applicant's wishes. Problems escalated in August 2011 when the respondent accused the applicant of having married another woman. This resulted in the respondent leaving the parties' home and returning to her parents' home, where she then remained for six months. Communal efforts to make the parties reconcile had also been in vain. The applicant submitted that divorce (talak satu raj'i) was the only feasible option, and that the respondent concurred.

The respondent, pursuant to arts 80(4)(a), 149(b), and 152 of the Compilation of Islamic Laws, submitted a counterclaim for iddah (three-month period after divorce has been granted) compensation and mut'ah (divorce compensation). The applicant submitted that he could only afford to provide the respondent with IDR 4 million for iddah and a prayer instrument as mut'ah.

The court acceded to both parties' requests. Pursuant to art 19(f) of Government Regulation No. 9 of 1975, and art 116(f) of the Compilation of Laws, it acceded to the applicant's request for a divorce (talak satu raj'i). It also ordered the applicant to pay to the respondent IDR 4 million for iddah, as well as provide her with a prayer instrument as mut'ah.

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