Kendari Religious Court Decision No. 540 of 2014: Irrevocable Divorce Granted

The parties were married on 29 May 2010 and had one child. By 2011, however, the parties had begun to quarrel regularly. The plaintiff submitted that this was the result of the defendant:

  1. directing profane language at the plaintiff;
  2. often damaging items in the home; and
  3. sometimes physically assaulting the plaintiff.

Problems escalated and, by the beginning of 2013, the plaintiff had left the defendant. As time passed, the plaintiff believed that divorce was the only feasible option.

Despite having been summonsed, pursuant to art 26 of Government Regulation No. 9 of 1975, and art 138 of the Compilation of Islamic Laws, the defendant failed to attend court. Citing Surat Al-Baqarah verse 227 from the Qur'an, as well as art 39 of Law No. 1 of 1974 on Marriage, art 19(f) of Government Regulation No. 9 of 1975, and art 116(f) of the Compilation of Islamic Laws, the court acceded to the plaintiff's request for an irrevocable divorce (talak satu ba'in shughra) on the grounds of ongoing conflict between the parties. The court also ordered the plaintiff to pay court costs (IDR 301,000).

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