Bekasi Religious Court Decision No. 2061 of 2011: Revocable Divorce Granted & Payment Ordered

The parties were married on 4 April 1998. Since October 2011, however, they had begun to quarrel regularly. The applicant submitted that this was because, for 13 years of marriage, the parties had not been able to conceive a child. Problems had escalated and, in November 2011, the parties separated.

In his claim, the applicant submitted that the dire state of the parties' marriage meant that the purpose of marriage, as envisaged by Law No. 1 of 1974 on Marriage, was no longer feasible. As a counterclaim, the respondent sought IDR 4.5 million for iddah (100-day period after divorce has been granted) and mut'ah (divorce compensation) in the form of a 23 karat gold necklace weighing 5.8 grams.

The court noted the purpose of marriage as contained in art 1 of Law No. 1 of 1974 on Marriage, as well as verse 21 of surat Ar-Ruum in Al-Qur'an. It then went on to find that ongoing conflict between the parties satisfied the legitimate reason requirement to grant a divorce, per art 19(f) of Government Regulation No. 9 of 1975, and art 116(f) of the Compilation of Islamic Laws. Accordingly, the court granted the applicant a revocable divorce (talak satu raj'i), but ordered the applicant to pay to the respondent her iddah and mut'ah demands.

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