Blitar Religious Court Decision No. 3368 of 2014: Revocable Divorce

The parties were married on 8 February 2010 and had a child who passed away at the age of 3. By the end of 2011 they had begun to quarrel regularly because the respondent intended to move to Malaysia to work, despite the applicant's reluctance to give her his blessing, and that upon the respondent's return to Indonesia in July 2014, she had chosen to stay with her parents rather than return to the applicant. 

The applicant submitted that the parties' differences were irreconcilable and, accordingly, requested a revocable divorce (talak satu raj'i). The court acknowledged that the purpose of marriage, as contained in the Qur'an, Surah Al Rum, verse 21, as well as art 1 of Law No. 1 of 1974, and art 3 of the Compilation of Islamic Laws, being a peaceful, hopeful and loving home, was no longer feasible. Therefore, pursuant to the elucidation of 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, the court granted a divorce on the grounds of ongoing conflict.

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