TALAK DIVORCE

Talak Divorce to be applied by a husband to his wife in the religious court where his wife lives, a husband who applies a pledge of talak to be called applicant and wife to be applied for being divorced to be called accused, according to Article 66 verse 1 and 2 Law Number 7 year 1989 About The Religious Court as being changed by Law Number 3 year 2006, which called; “A husband with Islamic Religion which would divorce his wife apply an application to the court to hold the session for watching a pledge of talak.” “The application as it is purposed in verse (1) to be applied to a court which the jurisdiction covered the residence of his wife, except if his wife leaves the residence intentionally which was determined together without permission.”

Allah allowed talak, and Allah hated the happened of talak except there is a goodness for husband or wife, or there is a goodness for both of them, or there is a goodness for both of them and for their descendant, the conditions for Talak Divorce as it is mentioned in the Article 19 Government Regulation Number 9 year 1975 About the implementation for Law Number 1 year 1974 About Marriage;

Divorce could exist according to condition or conditions;

1. One part to do any sexual act outside of marriage or become the use of opium, gambler, and so on which is very difficult to recover.
2. One part leaves another part since 2 (two) years continuously without permission another part and without legal condition or because of another condition outside his ability.
3. One part get the punishment of prison 5 (five) years or the punishment more heavy after marriage.
4. One part to do the cruel or to do the heavy mistreatment which is dangerous to another.
5. One part to get a physical defect or disease with result something cause could not carry out the duty as a husband/wife.
6. Between husband and wife to exist the quarrel continuously and make something a subject of a dispute and there is no hope would life harmoniously again in a family.

In Compilation of Islamic Law to add two conditions for getting divorce as to exist in Article 116 as bellow;

7. Husband to avoid taklik talak (agreement soon after marriage).
8. Changing religion or murtad with result something cause there is no harmony in a family.

The judgment of religious court which permitted a husband to say a pledge of talak, if the judgment has been legal, so that husband has been allowed to say a pledge of talak since 6 (six) moths, if in six moths a husband did not say a pledge talak yet, it means the talak did not fall and they are still a husband and wife status.

If a husband to say a pledge of talak after the judgment have a legal which was taken place in the session of religious court before the distance of six month, so that talak to be called as Talak Raj’i, it means a husband could refer to his wife again with the condition his wife agreed it with manner to register again to Office of Religion Affair.