Central Jakarta Religious Court Decision No. 736 of 2016: Irrevocable Divorce Granted

The parties were married on 10 July 2000 and had one child. Initially, the parties' marriage was harmonious. By September 2003, however, it had become quarrelsome because, the plaintiff submitted, the defendant:

  1. was not transparent with his finances, only earning enough to support himself;
  2. had physically and emotionally abused the plaintiff; and
  3. had disrespected the plaintiff's older sister, calling her a crazy widow ('janda gila').

Problems escalated in September 2005 resulting in the plaintiff leaving the defendant and returning to her parents' home. The parties had remained separated for the next 10 years and 10 months. 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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