Kuala Simpang Shari'a Court Decision No. 430 of 2015: Irrevocable Divorce Granted

The parties were married on 10 January 2013 and had one child, aged 2. They had lived with the defendant's parents for approximately three months before moving to their own home nearby. The plaintiff submitted that the parties' marriage had been disharmonious from the beginning because the defendant:

  1. was drug-addicted;
  2. gambled with his friends;
  3. was temperamental and frequently drove the plaintiff away, even physically assaulting her when he became enraged; and
  4. only worked when he so desired.

Problems escalated in November 2015 when the plaintiff was forced to work out of necessity while the defendant spent his time at home. When the plaintiff suggested that the defendant also seek employment he struck the plaintiff, resulting in the plaintiff leaving the parties' home.

The plaintiff submitted that it was in the interest of the parties' child that their child be in the plaintiff's care given the child's young age, as well as the fact that the defendant was rarely home and unemployed. The plaintiff also submitted that as the parties' marriage and home life was no longer peaceful, hopeful and loving (sakinah, mawaddah dan rahmah), and in order that they did not contravene legal and religious norms, an irrevocable divorce (talak satu ba'in sughra) was the parties' final option.

The court acceded to the applicant's request, finding that the parties could no longer fulfil the purpose of marriage as envisaged by art 1 of Law No. 1 of 1974 on Marriage, and art 3 of the Compilation of Islamic Laws. Moreover, it did so on the grounds of ongoing conflict, pursuant to art 39(2) of Law No. 1 of 1974, art 19(f) of Government Regulation No. 9 of 1975, and art 116(f) of the Compilation of Islamic Laws.

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