Aceh Shari'a Court Decision No. 48 of 2010

The Lhoksukon Shari'a Court (lower court) had held four separate hearings, only the second of which had the respondent attended, despite having been summonsed to attend all four. The Court noted that the appellant's mother's testimony had established that the parties had quarrelled often and that their differences were irreconcilable. The respondent's conduct also suggested that he had intended to repudiate his own rights vis-a-vis procedural fairness. The Court, therefore, held that the appellant had established a legitimate reason to divorce the respondent, viz. ongoing conflict, pursuant to art 19(f) of Government Regulation No. 9 of 1975, and art 116(f) of the Compilation of Islamic Laws.

Accordingly, the Court overturned the decision of the lower court, granting the appellant an irrevocable divorce (talak satu bain sughra).

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