Aceh Shari'a Court Decision No. 56 of 2010

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

The Court did not concur with the lower court's decision, noting that the respondent had sought a divorce on the grounds that, after two years of marriage, she and the appellant had begun to quarrel regularly because of the appellant's gambling tendencies. The respondent had also stated before the lower court that other causes of their quarrelling were the appellant's marijuana usage, profane language and venerial disease.

The Court, however, found that the information provided by the two witnesses produced by the respondent before the lower court conflicted, and that neither witness knew of the accusations the respondent had made in her claim. Rather, the witness' information was based on the information of others.

The Court, taking into consideration the appellant's objections, as well as the opinion of the dissenting judge of the lower court, reversed the decision of the lower court to grant the respondent a divorce.

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