Sekayu Religious Court Decision No. 130 of 2016: Irrevocable Divorce Granted

The parties were married on 20 October 2013 and had one child. Since April 2014 the parties' marriage had become quarrelsome because, the plaintiff submitted, the defendant:

  1. was unmotivated to seek employment;
  2. rarely provided sufficient financial support to meet the parties' domestic needs;
  3. frequently directed profane language at the plaintiff; and
  4. would leave the parties' home when the parties would quarrel, often for a week at a time.

Problems escalated in July 2014 when the plaintiff sought to provide the defendant with advice on a matter. The defendant left the parties' home and did not return. The parties had consequently been separated for one year and seven months. Believing the parties' marriage was beyond repair, the plaintiff requested that the court grant her an irrevocable divorce (talak satu ba'in sughra), as well as custody of the parties' child.

Despite the defendant's absence from court, the court, pursuant to art 39(1) and (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. Furthermore, the court, pursuant to art 105(a) of the Compilation of Islamic Laws, granted the plaintiff custody of the parties' child given that the child was 1 year and 11 months old.

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