Blitar Religious Court Decision No. 4361 of 2014: Irrevocable Divorce

The parties were married on 28 June 2013. For the first year of their marriage they had lived happily with the plaintiff's parents. The plaintiff submitted, however, that, since 2014, the parties' marriage had become disharmonious. She claimed this was a result of:

  1. the defendant's jealousy and accusations that the plaintiff was having an extra-marital affair with another man; and
  2. the defendant often becoming emotional and angry for no apparent reason, and, while in fits of rage, causing damage to the plaintiff's coffee stall.

The parties had remained separated since July 2014, during which time they had not been physically intimate. Family intervention seeking to make the parties reconcile had been unsuccessful, and the plaintiff, believing the parties' differences to be irreconcilable, sought an irrevocable divorce (talak satu bain sughra).

Firstly, the court acknowledged the purpose of marriage, as per the Qur'an (surah Al Rum, verse 21), art 1 of Law No. 1 of 1974 on Marriage, and art 3 of the Compilation of Islamic Laws, as being a joyful and enduring relationship based on love and the belief in One Almighty God. Acknowledging that the parties' marriage no longer resembled this, and pursuant to the elucidation of art 37 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, the court granted the plaintiff an irrevocable divorce (talak ba'in sughro) on the grounds of ongoing conflict. The court ordered the plaintiff to pay court costs (IDR 361,000).

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