The appellant sought to challenge the decision of the Jantho Shari'a Court (lower court), which had granted the respondent an irrevocable divorce (talak satu bain sughra).
The Court noted several deficiencies in the judgment of the lower court: notably, that as it was the wife who had sought the divorce, she was required to carry out the period of iddah (100-day period after divorce has been granted), one of the purposes of which is istibra' (cleansing her womb of her husband's seed). Based on art 41(c) of Law No. 1 of 1974 on Marriage, istibra' requires the husband to provide his former wife with financial support, accommodation, and clothing during the period of iddah.
Accordingly, the Court upheld the original decision to grant an irrevocable divorce, but ordered the appellant to pay to the respondent IDR 2.1 million for iddah.