Aceh Shari'a Court Decision No. 91 of 2010

The appellant sought to challenge the decision of the Meulaboh Shari'a Court (lower court), which had dismissed her application for an irrevocable divorce from the respondent.

In upholding the appeal, the Court impugned the lower court's reasoning that because the parties had been physically intimate in May 2010, that they both, therefore, wished to remain married. Indeed, the Court noted that the parties' physical intimacy was based on biological urges, rather than feelings of love.

The Court also noted the respondent's poor conduct insofar as he would often leave the appellant at home alone, without first informing her, to gamble. While he had declared repeatedly he would reform his behaviour, he had continued to gamble. Moreover, the appellant had had an extra-marital affair. Pursuant to art 19(f) of Government Regulation No. 9 of 1975, in conjunction with art 116(f) of the Compilation of Islamic Laws, the Court believed a sufficient reason to grant the appellant a divorce had been established.

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