Langsa Shari'a Court Decision No. 40 of 2016: Irrevocable Divorce

The parties were married on 14 May 2012 and had one child aged 3 years, who was in the care of the plaintiff at the time of the proceeding. The plaintiff submitted that the parties' marriage had been harmonious for the first five months. Since October 2012, however, it had become quarrelsome because the defendant was:

  1. envious, even of his older brother; and
  2. frequently angry for no apparent reason, which made the parties' home life unpleasant and disharmonious.

Problems escalated in November 2012 resulting in the defendant leaving the plaintiff. As familial intervention had failed to reconcile the parties' differences, the plaintiff submitted that divorce (talak satu ba'in sughra) was the only feasible option.

The court, pursuant to art 19(b) of Government Regulation No. 9 of 1975, and art 116(b) of the Compilation of Islamic Laws, acceded to the plaintiff's request on the grounds that the parties had been separated for two consecutive years or more.

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