Baturaja Religious Court Decision No. 635 of 2016: Irrevocable Divorce Granted

The parties were married on 10 September 2007 but had no children. The plaintiff's father had acted as the marriage guardian (wali nikah), and the dowry (mahar) had been IDR 2 million and a prayer instrument. Since the beginning of 2008, however, the marriage had been disharmonious, primarily because the defendant would frequently leave the matrimonial home, even for up to one year at a time. On 3 January 2013, the defendant left for Java in search of employment, never to return. While the plaintiff had waited for three years and six months for the defendant to return, realising that the purpose of marriage, as prescribed in Law No. 1 of 1974 on Marriage, had been frustrated, the plaintiff filed an application for a judicial divorce (talak satu ba'in sughra).

The court acknowledged that the information provided by the plaintiff's two witnesses corroborated with the plaintiff's submissions, and that the defendant had not returned home for over three years. The purpose of marriage, as prescribed in art 1 of Law No. 1 of 1974 on Marriage, and art 3 of the Compilation of Islamic Laws, that being to create an everlasting and joyful family, was no longer feasible. Pursuant to art 19(b) of Government Regulation No. 9 of 1975, and art 116(b) of the Compilation of Islamic Laws, the court acceded to the plaintiff's application on the grounds that the parties had been separated for more than two years.

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