Blitar Religious Court Decision No. 4399 of 2014: Revocable Divorce

The parties were married on 24 May 2009. They lived together happily with the applicant's parents for five years and four months, but had no children. Since October 2010, however, the parties had begun to quarrel because, due to a cervical tumor, the respondent was unable to fall pregnant. The applicant submitted that this caused him to suffer greatly, and to feel that the parties could no longer remain married. Moreover, the parties had been separated since September 2014, during which time, they had shared no physical intimacy.

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 37 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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