Makassar Religious Court Decision No. 886 of 2010: Irrevocable Divorce Granted Due To Ongoing Conflict

The parties were married on 5 May 2002. Since May 2006, however, the marriage had become disharmonious. The plaintiff submitted that this was because the defendant:

  1. had frequently become emotional and angry and would utter obscenities, even physically assaulting the plaintiff;
  2. was never transparent with the plaintiff as to his finances and salary; and
  3. had stopped providing the plaintiff with emotional and financial support since May 2006.

Despite these issues, the parties had remained under the one roof.

In the defendant's absence, the court found that the parties no longer loved each other as husband and wife, as envisaged by art 77(2) of the Compilation of Islamic Laws. Moreover, ongoing conflict between the parties enabled the court, pursuant to art 19(f) of Government Regulation No. 9 of 1975, and art 116(f) of the Compilation of Islamic Laws, to grant the plaintiff an irrevocable divorce (talak satu ba'in shugra).

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