Simpang Tiga Redelong Shari'a Court Decision No. 107 of 2015

The parties were married on 23 October 2013. While they had consummated their marriage they had no children. The plaintiff submitted that the parties' marriage had only been harmonious for five days before becoming quarrelsome. This was because the defendant:

  1. suffered from premature ejaculation;
  2. had never provided the plaintiff with financial support but had provided his parents with such support;
  3. had a tendency to leave the parties' home for two weeks or more on end, never leaving the plaintiff with any money to purchase groceries; and
  4. was not transparent about his own finances.

The plaintiff also submitted that three months after their wedding, the defendant had borrowed the plaintiff's dowry (10 grams of gold) for his brother, the defendant's brother promising he would return it within two weeks. The defendant's brother would never return the dowry. Then, on 12 December 2014, the defendant returned to his parents' home ostensibly to pick fresh chilli. He never returned and on the 15th day his parents attended the local imam's home to issue a marriage annulment notice for the plaintiff. Since then the parties had officially separated. The plaintiff submitted that, as a result, the parties' marriage could no longer be peaceful, hopeful and loving (sakinah, mawaddah, warahmah). In order that the parties did not contravene legal and religious norms, the plaintiff submitted that it would be best for the parties to divorce.

Despite the defendant's absence, the court, pursuant to art 39(2) of Law No. 1 of 1974 on Marriage, art 19(b) and (f) of Government Regulation No. 9 of 1975, and art 116(b) and (f) and of the Compilation of Islamic Laws, granted the plaintiff an irrevocable divorce (talak satu ba'in shughra) on the grounds of the parties having been separated for more than two years and ongoing conflict respectively.

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