Kuala Simpang Shari'a Court Decision No. 415 of 2015: Irrevocable Divorce Granted

The parties were married on 21 June 2006 and had two children aged 9 and 4 years, both of whom were in the plaintiff's care. They had lived with the plaintiff's parents for approximately seven years before relocating to the ghetto (kampung). The plaintiff submitted that, since the end of 2007, the parties' marriage had become quarrelsome because the defendant:

  1. was in debt (the plaintiff learned of this from one of the defendant's debtors);
  2. would physically assault the plaintiff when angry; and
  3. was excessively jealous and would accuse the plaintiff of having an extra-marital affair with another man.

Problems escalated in August 2015 when the defendant telephoned the plaintiff while she was bathing. When the plaintiff consequently failed to answer the telephone, the defendant became angry, beating her and pulling her hair. As a result, the plaintiff left the parties' home. Familial intervention had also failed to reconcile the parties' differences.

The plaintiff 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.

FirstPreviousPage 1 of of 20NextLast