Jayapura Religious Court Decision No. 325 of 2015: Irrevocable Divorce Granted

The parties were married on 30 January 2011 and had one child (born 28 September 2013). By March 2013, however, the parties had begun to quarrel regularly. The plaintiff submitted that the defendant:

  1. often gambled and consumed alcohol;
  2. hit the plaintiff every time he came home intoxicated;
  3. inadequately provided for the plaintiff; and
  4. did not provide the plaintiff with religious guidance.

Problems escalated in October 2014 when the plaintiff discovered the defendant was having an extra-marital affair with another woman. The parties then separated and ceased communication, and the plaintiff filed for divorce.

The court found that the marriage could no longer fulfil the purposes of marriage as stipulated in art 1 of Law No. 1 of 1974, in conjunction with art 3 of the Compilation of Islamic Laws. Moreover, the court, pursuant to art 39 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, granted the plaintiff an irrevocable divorce (talak satu ba’in shugra), as contemplated by art 119(2)(c) of the Compilation of Islamic Laws, on the grounds of ongoing conflict between the parties.

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