Langsa Shari'a Court Decision No. 31 of 2016: Irrevocable Divorce Granted

The parties were married on 30 March 2004 and had two children aged 8 and 10 years, both of whom were in the defendant's care at the time of the proceeding. The plaintiff submitted that the parties' marriage had been harmonious for the first year. Since May 2005, however, it had become quarrelsome because the defendant would frequently abuse the plaintiff, both physically and emotionally. Problems escalated in August 2013 when the defendant physically assaulted the plaintiff again, resulting in the plaintiff leaving the defendant and returning to her parents' home. The plaintiff, therefore, 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, 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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