Baturaja Religious Court Decision No. 590 of 2016: Irrevocable Divorce Granted

The parties were married on 26 May 2013 and had one child. The plaintiff's older brother had acted as the marriage guardian (wali nikah), and the dowry (mahar) had been the cash value of 3.35 grams of gold. Since 25 July 2014, however, the marriage had been disharmonious. The plaintiff submitted that this was because the defendant left in search of employment, never to return, and without leaving a forwarding address. 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(b) and (f) of Government Regulation No. 9 of 1975, and art 116(b) and (f) of the Compilation of Islamic Laws, the court therefore acceded to the plaintiff's application on the grounds that the parties had been separated for more than two years, and ongoing conflict.

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