Boyolali Religious Court Decision No. 884 of 2014: Irrevocable Divorce For a Fee Granted

The parties were married on 27 March 2005 and had two children (born 21 February 2008 and 21 April 2012). From 2007, the parties' marriage had begun to deteriorate. The plaintiff submitted that this was because:

  1. the defendant, a car dealer, owed money to his clients;
  2. the plaintiff often had to pay the defendant’s debts;
  3. the defendant never acknowledged any wrongdoing; and
  4. the defendant spent all the money that he earned on himself.

In May 2011, the defendant left the plaintiff, providing her with no information of where he was going. For the next three years and two months, the defendant failed to provide the plaintiff with any financial support. Accordingly, the plaintiff submitted to the court that the parties' marriage was irreconcilable and filed for an irrevocable divorce for a fee (talak satu khul’i).

Despite the defendant's absence from the proceeding, the court acceded to the plaintiff's application, finding the defendant in contravention of figures 1, 2 and 4 of his marriage vows (janji talik talak). Citing Kitab Syarqowi alat tahrir juz II, as well as art 116(g) of the Compilation of Islamic Laws, the court granted the plaintiff an irrevocable divorce for a fee (talak satu khul’i), ordering the plaintiff to pay a divorce fee (iwadl) of IDR 10,000, as well as court costs (IDR 346,000).

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