SHARIAsource

The parties were married on 14 February 2012. After marrying, they had lived with the plaintiff's parents for more than a year, before moving to a rental property, where they then lived for one month before separating and returning to their respective parents' homes. The plaintiff submitted that the parties had quarrelled regularly because:

1. the defendant was selfish and frequently angry for no apparent reason;
2. the defendant was aggressive and frequently hit the plaintiff;
3. the defendant frequently directed profane language at the plaintiff; and
4. the parties had already divorced three times.

Problems escalated in October 2013, resulting in the parties separating, where they had remained until the time of the proceeding. Familial efforts to reconcile the parties had proved to be only temporarily successful, and the plaintiff believed the parties' differences were irreconcilable.

Despite the defendant's absence, the court acceded to the plaintiff's application for an irrevocable divorce (talak ba'in shughra), acknowledging that the purpose of marriage, as envisaged in art 1 of Law No. 1 of 1974 on Marriage, and surat Al-rum verse 21, being a peaceful, hopeful and loving (sakinah, mawaddah dan warahmah) homelife was no longer feasible. Moreover, that, pursuant to art 39(2) 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, ongoing conflict between the parties was sufficient reason to grant a divorce.