Langsa Shari'a Court Decision No. 206 of 2014: Revocable Divorce Granted

The parties were married on 13 February 2012 and had one child, born on 17 May 2013. The applicant submitted that the parties' marriage had been harmonious until the end of 2013. After that time, however, it had become quarrelsome because the respondent had been disobedient towards the applicant, would become excessively jealous and suspicious of the applicant, and if the applicant ever counselled the respondent the parties would quarrel. On one such occasion, the applicant orally divorced the respondent, after which time the parties separated.

In response to the applicant’s submissions, the respondent requested IDR 5 million per month in retrospective maintenance (nafkah) back dated to June 2014. The respondent also requested IDR 20 million for iddah (100-day period after divorce has been granted) and mut’ah (divorce compensation) in the form of a 24 karat gold bracelet, IDR 10 million for maskan (accommodation), IDR 10 million for kiswah (clothing), custody of the parties' child, IDR 2 million per month in child maintenance, and that the parties' vehicle be seized to prevent the applicant from transferring the ownership thereof. The respondent then withdrew her request regarding the parties' vehicle.

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. The court, 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, granted the applicant a revocable divorce (talak satu raj'i) on the grounds of ongoing conflict. The court also acknowledged that the applicant's monthly wage was IDR 7 million. Accordingly, he would only be able to afford the following:

  1. IDR 5 million for iddah;
  2. a 6.6 gram gold ring as mut'ah;
  3. IDR 1 million for kiswah; and
  4. IDR 1.5 million per month in child maintenance (the court awarded custody of the parties' child to the respondent).
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