Sekayu Religious Court Decision No. 13 of 2016: Irrevocable Divorce Granted

The parties were married on 15 July 2008 and had one child. Since July 2014 the parties' marriage had become quarrelsome because, the plaintiff submitted, the defendant:

  1. had frequently physically assaulted the plaintiff;
  2. had parents who would frequently meddle in the parties' domestic affairs;
  3. was excessively suspicious of the plaintiff; and
  4. would frequently besmirch the plaintiff's good name, telling the parties' neighbours and the plaintiff's colleagues that the plaintiff was difficult to deal with and that she had carried on an extra-marital affair with another man.

Problems escalated in mid-May 2015 when the plaintiff rejected the defendant's accusation that she had had an extra-marital affair with another man. When the defendant threatened the plaintiff with a knife the plaintiff left the parties' home. The parties had remained separated for the seven months leading up to the proceeding. Believing the parties' marriage was beyond repair, and without any family members on which to rely or bring the parties to reconcile, the plaintiff requested that the court grant her an irrevocable divorce (talak satu ba'in sughra).

Despite the defendant's absence from court, the court, pursuant to the Qur'an surah Ar-Rum verse 21, 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 Compilation of Islamic Laws, acceded to the plaintiff's request on the grounds of ongoing conflict between the parties.

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