Sawahlunto Religious Court Decision No. 242 of 2016: Irrevocable Divorce Granted

The parties were married on 3 December 2012 and had one child. Their marriage had been harmonious for the first year, but by January 2014 it had become quarrelsome because, the plaintiff submitted, the defendant would frequently:

  1. mention the money with which he had provided the plaintiff as though she did not deserve it; and
  2. direct profane language at the plaintiff when the parties would argue, as well as threatening to divorce the plaintiff.

Whenever the parties would quarrel, the defendant would leave the parties' home, taking with him all his clothes. In August 2016, the plaintiff answered a call from another woman on the defendant's mobile phone at 2.00am. When the plaintiff inquired with the defendant as to the identity of the woman, the defendant answered dishonestly and then returned to his parents' home. The parties had remained separated for the past two months in the lead up to the proceeding. The plaintiff, believing the parties' marriage was beyond repair, requested that the court grant her an irrevocable divorce (talak satu ba'in 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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