Padang Religious Court Decision No. 1013 of 2014: Irrevocable Divorce for a Fee Granted

The parties were married on 27 December 2012 and had their first and only child on 31 January 2013. Six months into their marriage, however, the parties had begun to quarrel regularly. The plaintiff submitted that the cause of the conflict was the defendant's lack of responsibility as a husband in terms of providing enough financially to meet the parties' daily needs. The plaintiff also submitted that the defendant was unmotivated in his employment and that she had to assist to make ends meet. Furthermore, the defendant did not assist the plaintiff in looking after their child while the plaintiff was busy or cooking, and when the parties would argue, the defendant would often leave the matrimonial home, sometimes for up to two weeks at a time.

Problems escalated on 20 December 2013 when the defendant failed to provide enough to meet the parties' domestic needs, and the plaintiff was hesitant to seek assistance from her parents. When the plaintiff sought to discuss this with the defendant, the parties argued and the defendant then left the matrimonial home, unbeknownst to the plaintiff. The defendant never returned, nor did he contact the plaintiff or provide her with financial assistance to help rear their child.

The plaintiff sought to pay the necessary fee ('iwadh) for the court to grant her a divorce from the defendant (talak satu khul'i). The court noted that the defendant's failure to attend court had rendered mediation futile. It also noted that the defendant's conduct specifically repudiated their marriage as he had failed to provide the plaintiff with financial support, and failed to care for the plaintiff for more than six months (conduct envisaged by figures 2 and 4 of the parties' marriage contract). Accordingly, by virtue of art 116(g) of the Compilation of Islamic Laws, the plaintiff was permitted to divorce the plaintiff for breach of their marriage vows by paying a fee ('iwadh) of IDR 10,000.

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