Takengon Shari'a Court Decision No. 65 of 2015: Irrevocable Divorce Granted

The parties were married on 22 December 1994. At that time the plaintiff was a virgin and the defendant a bachelor. They had lived in their own home and had three children. The plaintiff submitted that the parties' marriage had been harmonious for 15 years, after which time it had become quarrelsome because the defendant had:

  1. failed to provide the plaintiff with sufficient financial support to meet daily needs;
  2. frequently gambled and used illicit drugs; and
  3. frequently beaten the plaintiff and threatened her with a knife.

On 8 October 2014, the defendant left for Jakarta for two months, during which time he failed to provide the plaintiff with any financial support. When the plaintiff requested a divorce, the defendant returned to Takengon and threatened the plaintiff with a knife. Since that incident the parties had remained separated (for the past four months). Believing the parties had no other option but divorce, the plaintiff requested that the court grant her an irrevocable divorce (talak satu ba'in sughra).

After hearing from the plaintiff's witnesses, the court acceded to the plaintiff's request. The court, pursuant to 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 the Compilation of Islamic Laws, granted the plaintiff an irrevocable divorce on the grounds of ongoing conflict between the parties. The court also noted accepted evidence from the plaintiff that the defendant had previously been arrested for physically assaulting the plaintiff (domestic violence) on 28 June 2012.

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