Central Jakarta Religious Court Decision No. 740 of 2016: Irrevocable Divorce Granted

The parties were married on 20 April 2011 and had one child. As early as May 2011, the parties' marriage had become quarrelsome because, the plaintiff submitted, the defendant had frequently:

  1. hit, slapped, and kicked the plaintiff;
  2. emotionally abused the plaintiff; and
  3. threatened the parties' child, making the plaintiff left feeling debilitated and miserable.

After physically abusing the plaintiff in September 2015, the defendant left the parties' home and returned his parents' home. 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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