Kolaka Religious Court Decision No. 267 of 2016: Irrevocable Divorce

The parties were married on 13 November 2015. At the time of their marriage the plaintiff was virginal and the defendant a widower. The parties had lived with the defendant's parents until they separated on 25 March 2016. The plaintiff submitted that they had separated after frequent quarrelling caused by the defendant's:

  1. unwarranted jealousy and accusations that the plaintiff was having an extra-marital affair;
  2. profane language directed at the plaintiff;
  3. violent tendencies towards the plaintiff when they argued;
  4. refusal to take the plaintiff to see her ill father; and
  5. prohibition on the plaintiff communicating with her parents and family.

The plaintiff produced two witnesses who provided information that corroborated with her submissions. Despite the defendant's absence, the court, pursuant to art 19(f) of Government Regulation No. 9 of 1975, and art 116(f) of Compilation of Islamic Laws, acceded to the plaintiff's request for an irrevocable divorce (talak satu ba'in sughra) on the grounds of ongoing conflict.

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