Central Jakarta Religious Court Decision No. 765 of 2016: Irrevocable Divorce Granted

The parties were married on 7 April 2008 and had two children. Initially, the parties' marriage was harmonious. By March 2009, however, it had become quarrelsome because, the plaintiff submitted, the defendant:

  1. had carried on an extra-marital affair with another woman;
  2. did not have permanent employment; and
  3. had verbally and physically abused the plaintiff.

After physically abusing the plaintiff in February 2012, the defendant left the parties' home. Familial attempts to make the parties reconcile had also been unsuccessful. The plaintiff, feeling the marriage was beyond repair, requested that the court grant her an irrevocable divorce (talak satu ba'in sughra).

The court, pursuant to art 39(2) of Law No. 1 of 1974 on Marriage, art 19(f) of Government Regulation No. 9 of 1975, and art 116(f) of the Compilation of Islamic Laws, acknowledged that, on the facts, the applicant had produced sufficient reasons to be granted a divorce. Moreover, that the parties' marriage could not realise the purpose of marriage as contained in the Qur'an, Surah Ar-Rum, verse 21, art 1 of Law No. 1 of 1974 on Marriage, and art 3 of the Compilation of Islamic Laws. Accordingly, the court acceded to the applicant's request on the grounds of ongoing conflict.

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