Jember Religious Court Decision No. 2181 of 2015: Irrevocable Divorce Granted

The parties were married on 22 May 2011. They lived together in the plaintiff’s parents’ house and had one child (aged 3). Initially, the marriage had been harmonious. After two years, however, the parties' marriage had become quarrelsome. The plaintiff submitted that the defendant as a husband had not provided the plaintiff and their child with sufficient financial support, forcing the plaintiff herself to work to provide for the family. Problems escalated when the defendant left the plaintiff without notice. The plaintiff submitted that these circumstances had caused the marriage to deteriorate irreparably, and requested that the court grant her an irrevocable divorce.

The court found that the marriage could no longer fulfil the purposes of marriage as envisaged in art 1 of Law No. 1 of 1974 on Marriage, and art 3 of the Compilation of Islamic Laws. Despite the defendant's absence from court, the court was satisfied that the plaintiff had met the evidentiary burden contained in art 39(2) of Law No. 1 of 1974, and, pursuant to art 19(f) of Government Regulation No. 9 of 1975, and art 116(f) of the Compilation of Islamic Laws, acceded to the plaintiff's request for an irrevocable divorce (talak satu Ba’in Sughro) on the grounds of ongoing conflict.

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