Blitar Religious Court Decision No. 298 of 2015: Irrevocable Divorce

The parties were married on 14 September 2005. They had lived together in the defendant’s parents' home and had one child (aged 7). The plaintiff submitted that:

  1. since the parties had married, the defendant had not provided her with any financial support;
  2. economic circumstances had forced the plaintiff, in 2011, to earn a living as a migrant worker in Singapore;
  3. while the plaintiff was in Singapore the parties had not communicated; and
  4. when the plaintiff returned home in 2013, the defendant had not made any effort to communicate with the plaintiff, despite knowing that the plaintiff was visiting, the plaintiff having to sleep at the plaintiff’s parents' home before returning to Singapore to continue working.

The plaintiff submitted that these circumstances had led to irreconcilable disharmony in the marriage, and requested that the court grant an irrevocable divorce (talak satu ba'in sughro).

The court acknowledged that the purpose of marriage, as contained in the Qur'an, Surat Al Rum, verse 21, as well as art 1 of Law No. 1 of 1974, and art 3 of the Compilation of Islamic Laws, being a peaceful, hopeful and loving home, was no longer feasible. Therefore, pursuant to the elucidation of art 37 of Law No. 1 of 1974, art 19(b) and (f) of Government Regulation No. 9 of 1975, and art 116(b) and (f) of the Compilation of Islamic Laws, the court acceded to the plaintiff's application for an irrevocable divorce on the grounds that the parties had been apart for longer than two consecutive years, as well as ongoing conflict.

FirstPreviousPage 1 of of 11NextLast