Kuala Simpang Shari'a Court Decision No. 361 of 2014: Revocable Divorce Granted

The parties were married on 25 April 1997 and had four children (aged 16, 12, 7 and 4). The parties' marriage had been harmonious for approximately three years before becoming quarrelsome by the beginning of 2002. The applicant submitted that the respondent:

  1. was not transparent with her finances;
  2. would ignore the applicant’s advice and did not care about the troublesome situation at home; and
  3. provided her own family with financial assistance (by selling the gold jewellery the applicant had purchased for her, unbeknownst to the applicant), but did not contribute to her own immediate family.

In 2014, these problems escalated and the parties separated (although the court stated that the parties separated on 8 November 2012).

On 13 November 2014, the applicant filed for a revocable divorce (talak satu raj'i) in the Kuala Simpang Shari'a Court. In response to the applicant’s submissions, the respondent submitted that the applicant had already married another woman without the respondent’s permission, which the applicant conceded. The applicant also agreed to pay to the respondent IDR 1 million for iddah (100-day period after divorce has been granted) and mut’ah (divorce compensation), in the form of a prayer instrument.

The court acceded to the applicant's request, finding that the parties could no longer fulfil the purpose of marriage as envisaged by art 1 of Law No. 1 of 1974 on Marriage, and art 3 of the Compilation of Islamic Laws. The court, pursuant to art 39(2) of Law No. 1 of 1974, art 19(f) of Government Regulation No. 9 of 1975, and art 116(f) of the Compilation of Islamic Laws, granted the applicant a revocable divorce (talak satu raj'i) on the grounds of ongoing conflict, while also ordering the applicant pay to the respondent IDR 1 million for iddah, the aforementioned prayer instrument for mut'ah, as well as court costs (IDR 191,000).

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