Aceh Shari'a Court Decision No. 40 of 2008

The appellant sought to challenge the decision of the Bireuen Shari'a Court (lower court), which had granted the respondent an irrevocable divorce (talak satu bain sugra).

The Court upheld the decision to grant the respondent an irrevocable divorce, but noted that as it was the wife who had sought the divorce, she was required to carry out the period of iddah (100-day period after divorce has been granted), one of the purposes of which is istibra' (cleansing herself of her husband's seed). Based on art 41(c) of Law No. 1 of 1974 on Marriage, istibra' requires the husband to provide his former wife with financial support, accommodation and clothing during the period of iddah.

Accordingly, the Court also ordered the appellant to pay to the respondent IDR 1.5 million as mut'tah (divorce compensation).

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