Aceh Shari'a Court Decision No. 50 of 2008

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

The appellant strongly objected to the lower court's lack of sensitivity towards the fact that this case, he claimed, came under the jurisdiction of another shari'a court. The Court acknowledged the appellant's concern, noting that, pursuant to art 73(1) of Law No. 7 of 1989, amended by Law No. 3 of 2006, in conjunction with art 132(1) of the Compilation of Islamic Laws, the respondent had filed for divorce with the religious court in her new residential jurisdiction, despite the respondent having left the parties' place of residence without the appellant's permission, and relocating to Aceh Timur (East Aceh). As the evidence and reason relating to why the respondent had relocated was dubious, the Court found that the Idi Shari'a Court lacked the jurisdiction to hear the hearing at first instance, appointing the Banda Aceh Shari'a Court as the appropriate forum instead.

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