Idi Shari'a Court Decision No. 231 of 2013: Revocable Divorce Granted

The parties were married on 23 January 1986. Before marrying, the applicant was a bachelor and the respondent a virgin. They had lived with the respondent's parents for a year before moving into their own home in Kuala Simpang Ulim. While they had 11 children, their marriage had been quarrelsome after one year. The applicant submitted that this was because the respondent:

  1. would ignore his advice;
  2. was not a competent homemaker; and
  3. when the parties would quarrel, would go quiet, thus making it difficult to resolve the problem.

On 19 April 2010, the parties separated after yet another argument. Familial efforts to make the parties reconcile had failed and the applicant, accordingly, requested that the court grant him a revocable divorce (talak satu raj'i).

The respondent refuted the applicant's submissions, stating that it was the applicant who instigated their arguments, and that she would go quiet in order to prevent arguments. The respondent also stated that if the applicant were to divorce her she would require IDR 50,000 per day for iddah (three-month period after divorce has been granted).

After corroborating the applicant's submissions with information provided by two of the applicant's witnesses, 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, acceded to the applicant's request on the grounds of ongoing conflict between the parties. The court also ordered the applicant to pay to the respondent IDR 500,000 for iddah.

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