SHARIAsource

The parties were married on 13 October 2000 and had two children aged 14 and 10 years, both of whom were in the plaintiff's care at the time of the proceeding. The plaintiff submitted that the parties' marriage had been harmonious for the first 12 years. Since October 2012, however, it had become quarrelsome because the defendant:

1. had rarely provided the basic necessities for his family, which would lead to conflict;
2. was emotionally abusive; and
3. had failed to provide the plaintiff with any financial or emotional support since February 2013 (the past three years approximately).

The plaintiff, feeling that divorce was the only feasible option remaining, 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(b) and (f) of Government Regulation No. 9 of 1975, and art 116(b) and (f) of the Compilation of Islamic Laws, it acceded to the applicant's request on the grounds that the parties had been apart for more than two consecutive years, and ongoing conflict.