Malang Religious Court Decision No. 551 of 2015: Irrevocable Divorce Granted

The parties were married on 4 January 1996. They had lived with the plaintiff’s parents for 19 years and had two children (aged 18 and 13). Initially, their marriage was harmonious. By July 2013, however, it had become quarrelsome. The plaintiff submitted that the defendant:

  1. had had extra-marital affairs, rarely came home, and did not provide her or their family with financial support; and
  2. often gambled.

Problems escalated in January 2015 resulting in the parties sleeping in separate beds for two months. The parties continued to communicate, but the defendant did not provide the plaintiff with any financial support. The parties’ attempts to reconcile were also unsuccessful.

The plaintiff sought an irrevocable divorce (talak satu bain sughra) on the grounds of ongoing conflict. In the defendant's absence, the court found that the purpose of marriage, as envisaged by Surat ar Rum 21 of the Qur'an, and art 1 of Law No. 1 of 1974 on Marriage, being a joyful and enduring household, was no longer feasible. Therefore, the court, pursuant to art 39 of Law No. 1 of 1974 on Marriage, in conjunction with art 19(f) of Government Regulation No. 9 of 1975, and art 116(f) of the Compilation of Islamic Laws, granted the plaintiff an irrevocable divorce (talak satu Ba’in Sughro) on the grounds of ongoing conflict. The plaintiff was ordered to pay court costs (IDR 316,000).

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