Aceh Shari'a Court Decision No. 74 of 2010

The appellant sought to challenge the decision of the Jantho Shari'a Court (lower court), which had dismissed her claim for a divorce from the respondent on the grounds that her reason for divorce was not proven and not based in law, as required under art 19 of Government Regulation No. 9 of 1975, in conjunction with art 116 of the Compilation of Islamic Laws.

The Court considered that confessions made by the respondent, as well as information provided by witnesses, had established that the parties had married on 3 November 2007, but only lived together for approximately four months before separating. They had remained separated for almost two years (23 months). Moreover, the catalyst behind their ongoing quarrelling was that the respondent expected his wife to have sexual intercourse with him up to four times a night, but as someone who was up until recently virginal, the appellant could not cope and the respondent would only return to their home once a week and stay two nights. While separated, the respondent never returned to the appellant, but rather approached the local village head to request their assistance in having the appellant return her dowry (mahar) to the respondent because the appellant no longer wanted to be married to the respondent.

The Court found that the respondent was no longer treating the appellant as his wife in an appropriate and deserving manner, as directed by Surat An-Nisa, verse 19, of the Qur'an. Accordingly, the reason for divorce under art 19(f) of Government Regulation No. 9 of 1975, in conjunction with art 116(f) of the Compilation of Islamic Laws, being ongoing conflict between the parties, had been met.

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