Kisaran Religious Court Decision No. 166 of 2016: Irrevocable Divorce Granted

The parties were married on 8 January 2006 and had two children. After their marriage, they lived in a rental property in Medan for a year. They then moved to the defendant's parents' home for a year, before living in another rental property. The plaintiff submitted that the parties had quarrelled since the beginning of 2007 because the defendant had not worked to meet the parties' domestic financial needs.

In July 2013, problems escalated after the defendant had an extra-marital affair with another woman. This caused the plaintiff to return to her parents' home. The defendant followed suit and returned to his own parents' home as well. The parties had remained separate for the past two years and seven months. Around January 2015, the defendant and his parents attended the plaintiff's parents' home in order for the defendant to orally divorce the plaintiff and draft a statement of divorce.

In acceding to the plaintiff's request for an irrevocable divorce (talak satu ba'in sughra), the court noted that the parties had breached the mandate contained in arts 33 and 34 of Law No. 1 of 1974 on Marriage, art 3 of the Compilation of Islamic Laws, and verse 21 of Al-Rum (The Byzantines) of the Qur'an. Moreover, the plaintiff had proven that the parties' marriage was irreparable, making divorce the only feasible course. The court, pursuant to art 19(f) of Government Regulation No. 9 of 1975, and art 116(f) of the Compilation of Islamic Laws, granted the plaintiff an irrevocable divorce on the grounds of ongoing conflict.

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