SHARIAsource

The parties were married on 14 February 2012. They lived together and had one child (aged 2). Initially, the marriage was harmonious. After six months, however, the parties had begun to quarrel regularly. The plaintiff submitted that:

1. the defendant had had multiple extra-marital affairs;
2. when the parties quarrelled, the defendant would stop communicating, making the plaintiff angry;
3. the defendant would promise to change for the better but then break such promises and repeat his poor behaviour; and
4. the defendant would verbally abuse the plaintiff and threaten her with divorce when they would argue.

The parties separated and the plaintiff claimed that the circumstances caused the marriage to deteriorate irreparably, and requested that thecCourt grant her an irrevocable divorce (talak satu ba’in shughra).

The court found that the marriage could no longer fulfil the purposes of art 1 of Law No. 1 of 1974, and art 3 of the Compilation of Islamic Laws. Moreover, that the plaintiff’s claim satisfied the requirements of art 39(2) of Law No. 1 of 1974, in conjunction with art 19(f) of Government Regulation No. 9 of 1975, and art 116(f) of the Compilation of Islamic Laws, to enable the court to grant her a divorce on the grounds of ongoing conflict. The court ordered the plaintiff to pay all court costs (IDR 466,000).