Tapak Tuan Shari'a Court Decision No. 10 of 2016: Irrevocable Divorce Granted

The parties were married on 16 June 1997 and had three children. The plaintiff submitted that the parties' marriage had become quarrelsome in 2014 when she discovered that the defendant was carrying on an extra-marital affair with another woman.

The parties had been separated since May 2015, after the defendant banished the plaintiff from the parties' home. The plaintiff submitted that she had lost hope that the parties would reunite, and that the parties' children were in the care of the plaintiff. Accordingly, she requested that the court grant her an irrevocable divorce (talak satu ba'in sughra).

The court, pursuant to art 19(f) of Government Regulation No. 9 of 1975, and art 116(f) of the Compilation of Islamic Laws, and citing Surah ar-Rum verse 21 of the Qur'an, acceded to the plaintiff's request on the grounds of ongoing conflict. The court, pursuant to arts 2(b) and (c) and 14 of Law No. 23 of 2002 on Child Protection, and 105 of the Compilation of Islamic Laws, also granted the plaintiff custody of the parties' children on the grounds that one of the children was still below the age of 12 (belum mumayyiz), and that it was in the best interests of the other children to remain in the plaintiff's care.

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