Padang Religious Court Decision No. 127 of 2014: Irrevocable Divorce for a Fee Granted

The parties were married on 14 August 2013 before a marriage registry official from the local Office of Religious Affairs. The plaintiff submitted that, from the beginning of their marriage, she and the defendant had quarrelled often. The plaintiff claimed this was due to the defendant's temperamental and unstable nature, his gambling addiction, and his use of profane language, which he would direct at the plaintiff.

Problems escalated on 5 October 2013 when, three days into living together in their rental property, the parties had a major altercation. The defendant telephoned the plaintiff's brother-in-law, but, as he was unable to attend the property, the plaintiff's older sister arrived and suggested that the parties calm down and that the plaintiff return to the plaintiff's parents' home. That evening the defendant texted the plaintiff's brother-in-law saying that he was leaving the rental property, that he had sold the parties' household items, and that he was taking the parties' vehicle. The plaintiff had since attempted to contact the defendant but his mobile phone had been inactive. The plaintiff also did not know the defendant's whereabouts, and, since his departure, the defendant had not provided the plaintiff with any financial support. Accordingly, pursuant to the parties' marriage vows, the plaintiff was prepared to pay the agreed sum of money ('iwadh) to divorce the defendant.

The court, pursuant to art 19(b) of Government Regulation No. 9 of 1975, and art 116(b) and (g) of the Compilation of Islamic Laws, found that because the defendant had contravened figures 1, 2 and 4 of the parties' marriage contract, the evidentiary burden for divorce contained in art 39(2) of Law No. 1 of 1974 on Marriage had been met. Accordingly, the court granted the plaintiff a divorce based on the plaintiff paying to the defendant IDR 10,000 (talak satu khul'i).

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