Aceh Shari'a Court Decision No. 65 of 2008

The Court found the decision of the Lhoksukon Shari'a Court (lower court) to grant the respondent an irrevocable divorce (talak satu ba'in sughra) to be erroneous. This was because the lower court had initially determined that the respondent was seeking a divorce on the grounds that the appellant had breached a term of their marriage contract (taklik talak), when in actual fact the respondent sought a divorce due to ongoing conflict (syiqaq). The Court stated that this change in reason conflicted with the relevant sections of the Guidelines on the Implementation of Tasks and Justice Administration.

Regardless, the Court also found that it had already been established that the parties had been separated since 3 January 2007, and noted that the appellant had conceded to not providing the respondent with emotional and financial support. This had been corroborated by information provided by witnesses. Accordingly, the Court found that, as the respondent's failure to provide such support contravened figures 2 and 4 of the marriage contract, there was no need for the respondent to change the legal rationale for which she sought a divorce. Instead, it granted the respondent a divorce upon her paying to the appellant a sum of money (iwath) to obtain his consent (talak satu khul'i).

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