Aceh Shari'a Court Decision No. 49 of 2008

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

The Court concurred with the decision of the lower court, but also noted the respondent's obligation to carry out iddah (100 day-period after which 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, in conjunction with art 149(a) of the Compilation of Islamic Laws, istibra' requires the husband to provide his former wife with mut'ah (divorce compensation) during the period of iddah. In this instance, the Court ordered the appellant to pay to the respondent IDR 3 million in mut'ah.

FirstPreviousPage 1 of of 5NextLast