Bulukumba Religious Court Decision No. 706 of 2014: Irrevocable Divorce Granted

The parties were married on 28 June 2006 by the local imam, the plaintiff's father acting as the parties' marriage guardian (wali nikah). The parties had one child. The plaintiff submitted that, since July 2006, the parties' marriage had become quarrelsome. The plaintiff submitted that the defendant had become excessively jealous of her relationship with her family, was often angry with the plaintiff for no apparent reason, and no longer carried out his responsibilities as a husband. Consequently, the parties had been separated for approximately seven years. The plaintiff maintained that her differences with the defendant were irreconcilable and, accordingly, a divorce was the only viable solution.

In the defendant's absence, the court acceded to the plaintiff's request for an irrevocable divorce (talak satu bain sughra). Acknowledging that marriage, as envisaged in art 1 of Law No. 1 of 1974 on Marriage, that being a happy family and domestic life, was no longer feasible, it granted the divorce on the grounds that the parties had been apart for more than two consecutive years, and ongoing conflict, pursuant to art 19(b) and (f) of Government Regulation No. 9 of 1975, and art 116(b) and (f) of the Compilation of Islamic Laws.

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