Calang Shari'a Court Decision No. 67 of 2016: Irrevocable Divorce Granted

The parties were married on 11 October 2009 and had one child. The plaintiff submitted that, after two years, the parties' marriage had become quarrelsome because the defendant:

  1. had failed to provide the plaintiff with sufficient financial support;
  2. would return home in the middle of the night, without first obtaining the plaintiff's permission;
  3. was an alcoholic and a gambler;
  4. had carried on an extra-marital affair with another woman;
  5. would frequently direct unwarranted accusations at the plaintiff that she was having an extra-marital affair herself;
  6. had incurred debts unbeknownst to the plaintiff; and
  7. had neglected the plaintiff and the parties' child.

On 16 June 2012, after an argument regarding the defendant's outstanding debts, the defendant left the parties' home. He never returned and ceased all communications with the plaintiff. Familial attempts to bring the parties to reconcile their differences had been unsuccessful and, based on the plaintiff's submissions, the plaintiff was resigned to the fact that an irrevocable divorce (talak satu ba'in sughra) was the only feasible option remaining.

Despite the defendant's absence, the court, pursuant to art 39(2) of Law No. 1 of 1974 on Marriage, art 19(b) and (f) of Government Regulation No. 9 of 1975, and art 116(b) and (f) of the Compilation of Islamic Laws, acceded to the plaintiff's request on the grounds that the parties had been separated for more than two consecutive years and ongoing conflict.

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