Sawahlunto Religious Court Decision No. 271 of 2016: Irrevocable Divorce Granted

The parties were married on 12 November 2010 and had one child. Their marriage had been harmonious initially, but by the beginning of 2011 it had become quarrelsome because, the plaintiff submitted, the defendant:

  1. would frequently leave the parties' home without first informing the plaintiff; and
  2. would frequently direct profane language at the plaintiff.

The plaintiff submitted that whenever the parties would argue, the defendant would resort to slapping, kicking, and hitting the plaintiff with a plank of wood. Problems came to a head in July 2016, resulting in the defendant leaving the plaintiff to live with his parents. The parties had remained separated for the past four months. Familial efforts to make the parties reconcile had been unsuccessful and the plaintiff, believing the parties' marriage was beyond repair, requested that the court grant her an irrevocable divorce (talak satu bain sughro).

Despite the defendant's absence, the court, pursuant to art 19(f) of Government Regulation No. 9 of 1975, and art 116(f) of the Compilation of Islamic Laws, acceded to the plaintiff's request on the grounds of ongoing conflict. The court also cited Ar-Rum verse 21 from the Qur'an, as well as art 1 of Law No. 1 of 1974 on Marriage, regarding the supposed tranquility of marriage.

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