Central Jakarta Religious Court Decision No. 676 of 2016: Irrevocable Divorce Granted

The parties were married on 4 January 2014 and had one child. Initially, the parties' marriage was harmonious. By December 2014, however, it had become quarrelsome because, the plaintiff submitted, the defendant:

  1. frequently failed to return home, for no apparent reason;
  2. refused to acknowledge the parties' child as his; and
  3. failed to provide the plaintiff with sufficient financial support.

Problems escalated in June 2015 resulting in the defendant leaving the plaintiff. The parties had remained separated since. 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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