Baturaja Religious Court Decision No. 603 of 2016: Irrevocable Divorce Granted

The parties were married on 27 December 2006 and had one child. The plaintiff's father had acted as the marriage guardian (wali nikah), and the dowry (mahar) had been IDR 200,000 and a prayer instrument. Since the beginning of 2015, however, the marriage had been disharmonious. The plaintiff submitted that this was because the defendant:

  1. would regularly become angry with the plaintiff for no apparent reason;
  2. would regularly leave the parties' home, unbeknownst to the plaintiff; and
  3. rarely provided the plaintiff with financial and emotional support.

On 25 June 2016, problems escalated when the defendant confessed to having had an extra-marital affair. The defendant then left the plaintiff without first informing her, never 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 shughra).

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, nor had he provided a forwarding address. 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(f) of Government Regulation No. 9 of 1975, and art 116(f) of the Compilation of Islamic Laws, the court therefore acceded to the plaintiff's application on the grounds of ongoing conflict.

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