Sawahlunto Religious Court Decision No. 220 of 2016: Irrevocable Divorce for a Fee Granted

The parties were married on an undisclosed date and had no children. In June 2015, the defendant left the plaintiff and returned to his parents' home. The plaintiff submitted that the defendant's conduct was in violation of figures (2) and (4) of the parties' marriage vows (taklik talak). The plaintiff, therefore, requested that the court grant her an irrevocable divorce for a fee (talak satu khul'i).

Despite the defendant's absence, the court, pursuant to art 116(g) of the Compilation of Islamic Laws, acceded to the plaintiff's request on the grounds that the defendant had repudiated the parties' marriage vows. 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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