Langsa Shari'a Court Decision No. 79 of 2016: Revocable Divorce Granted

The parties were married on 27 June 2009 and had two children aged 2 and 3 years, both of whom were in the care of the respondent. The applicant submitted that the parties' marriage had always been quarrelsome because the respondent had:

  1. constantly accused the applicant of carrying on an extra-marital affair, which had affected the applicant's ability to provide for his family and threatened his well-being; and
  2. frequently exaggerated the state of the parties' domestic life to her parents.

Problems escalated on 29 July 2014 when the respondent's refusal to cook for the applicant turned into an argument between the parties. Three days later, while the applicant was not at home, the respondent's parents attended the parties' home to collect the respondent, the parties' two children, and the parties' belongings. The parties had remained separated ever since. The applicant, therefore, believed that a revocable divorce (talak satu raj'i) was the only feasible option available.

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, 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, it acceded to the applicant's request on the grounds of ongoing conflict.

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