Langsa Shari'a Court Decision No. 134 of 2016: Irrevocable Divorce Granted

The parties were married on 8 July 2005 and had two children aged eight and six years. At the time of the proceeding, the eight year old child was in the plaintiff's care, while the six year old child was in the care of the defendant. The plaintiff submitted that the parties' marriage had been harmonious for seven and a half years but, since December 2013, it had become quarrelsome because the defendant:

  1. had had an extra-marital affair with another woman;
  2. was frequently physically and emotionally abusive towards the plaintiff, which had left the plaintiff traumatised; and
  3. was irresponsible in maintaining a household, which would lead to regular arguments between the parties.

Problems escalated in January 2016 when the plaintiff simply wished to discuss with the defendant the drafting of the birth certificate of one their children. The plaintiff submitted that, for reasons unknown to her, this caused the defendant to become so enraged that he plunged the plaintiff into a full bathtub four times. The plaintiff then left the defendant and returned to her parents' home where she had remained since. Accordingly, the plaintiff requested that the court grant her an irrevocable divorce (talak satu ba'in sughra).

The court acknowledged 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. Accordingly, it acceded to the plaintiff's application 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 18NextLast