Makassar Religious Court Decision No. 885 of 2010: Irrevocable Divorce Granted Due To Ongoing Conflict

The parties were married on 11 Febuary 2007, after which they lived together for four years, three of which were harmonious. The parties also had one child, who was in the defendant's care at the time of the proceeding. The plaintiff, however, submitted that, since August 2010, the parties had begun to quarrel regularly. This was a result of the defendant:

  1. often becoming angry without any apparent reason and no longer caring for the plaintiff; and
  2. no longer providing the plaintiff with any financial or emotional support.

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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