Sawahlunto Religious Court Decision No. 224 of 2016: Irrevocable Divorce Granted

The parties were married on 27 June 1991 and had three children. Their marriage had been harmonious for the 19 years but, in 2010, it had become quarrelsome because, the plaintiff submitted, the defendant would frequently:

  1. become suspicious of the plaintiff for no apparent reason; and
  2. direct profane language at the plaintiff when the parties would argue.

In July 2016, the defendant again directed profanities at the plaintiff and then drove her to her younger brother's home, before returning to his parents' home himself. The parties had remained separated for the past three 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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