Makassar Religious Court Decision No. 475 of 2011: Irrevocable Divorce Granted

The parties were married on 15 May 2005 and had two children. After marrying, the parties lived in Makassar for approximately five months, before moving to Sengkang for approximately two years, after which the plaintiff returned to Makassar. The defendant had remained in Sengkang managing his business up until the time of the proceeding. The plaintiff submitted that, after approximately three years of marriage, her relationship with the defendant had deteriorated. This was a result of:

  1. when quarrelling, the defendant would threaten her with divorce;
  2. the defendant would often become angry and use profane language that the plaintiff deemed inappropriate;
  3. the defendant was often jealous; and
  4. since December 2010, the defendant had not provided the plaintiff with any emotional or financial support.

Consequently, the parties had lived separately for the past three years, and rarely communicated.

Despite being summonsed formally, the defendant failed to attend the proceeding. Regardless, the court, pursuant to art 19(f) of Government Regulation No. 9 of 1975, and art 119(f) of the Compilation of Islamic Laws, granted the plaintiff an irrevocable divorce (talak satu ba'in sughra) on the grounds of ongoing conflict.

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