Jember Religious Court Decision No. 2147 of 2015: Irrevocable Divorce Granted

The parties were married on 6 October 1998. They lived together in the plaintiff’s parents’ home and had three children (aged 16, 8 and 4). Initially, the marriage had been harmonious. In 2011, however, the parties' marriage had become quarrelsome. The plaintiff submitted that the defendant, since 2011, had not provided the plaintiff with financial support, and that the defendant, in 2013, had married another woman without the plaintiff's knowledge or consent. Problems escalated and the defendant left the plaintiff in 2011, after which time communication between the parties ceased. The plaintiff claimed to have suffered as a result of this and requested the court grant her an irrevocable divorce (talak satu Ba’in Sughro).

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 shughra) on the grounds of ongoing conflict.

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