Makassar Religious Court Decision No. 618 of 2011: Revocable Divorce Granted Due To Ongoing Conflict

The parties were married on 18 August 2006 and had one child. After they married they lived in Ketapang, West Kalimantan. The applicant submitted that, since 2007, he and the respondent had quarrelled regularly because the respondent was often jealous for no apparent reason. Moreover, at the beginning of 2008, the respondent left the matrimonial home unbeknownst to the applicant, and had remained apart from the applicant for three years and six months, never returning. The applicant maintained that the parties had not communicated since, and that their differences were now irreconcilable.

Despite being summonsed formally, the respondent failed to attend the proceeding. The court concluded that the parties no longer loved each other as husband and wife, as envisaged in art 77(2) of the Compilation of Islamic Laws. Due to ongoing conflict between the parties, pursuant to art 19(f) of Government Regulation No. 9 of 1975, and art 116(f) of the Compilation of Islamic Laws, the court granted the applicant a revocable divorce (talak satu raj'i).

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