Tanjung Karang Religious Court Decision No. 1060 of 2016: Irrevocable Divorce Granted

The parties were married on 22 October 2012 and had one child. The plaintiff submitted that the parties' marriage had become quarrelsome after just one month because the defendant:

  1. had failed to provide sufficient financial support to meet the parties' daily domestic needs;
  2. had failed to obtain stable employment;
  3. had failed to show his appreciation for the plaintiff as his wife, even physically assaulting her on a regular basis; and
  4. had a temperamental nature and would often become angry with the plaintiff, often over insignificant matters.

The parties had subsequently been separated since 6 May 2016, after the plaintiff returned to her parents' home no longer able to cope with the defendant's treatment of her. The plaintiff submitted that she had concluded she had no other option but to irrevocably divorce the defendant (talak satu ba'in sughra). The plaintiff also requested that the parties' child remain in her care for the sake of the child's own welfare.

Despite the defendant's absence, the court, pursuant to art 39(2) of Law No. 1 of 1974 on Marriage, 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, pursuant to arts 105(a) and 156(a) 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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