Fasakh when your husband hurts you

If your husband has hurt you, your safety comes first

If you are in danger right now, call Talian Kasih at 15999. They can guide you to safety before anything else.

Once you are safe, you may also have a lawful way to end the marriage. Cruelty is a recognised fasakh ground, and you do not need your husband’s consent to apply.^[1]

What counts as cruelty under this ground?

Cruelty covers a husband’s conduct that makes the marriage harmful or unsafe for the wife.^[1] It is broader than a single incident.

Physical cruelty includes hitting, pushing, or any act that injures or frightens you. A pattern of harm, not just one moment, usually forms the strongest case.

Emotional cruelty includes constant threats, humiliation, or control that harms your wellbeing. Courts weigh this alongside any physical harm you describe.

What evidence usually supports a cruelty case?

Evidence helps the court see the pattern clearly, so gather what you can when it is safe to do so.

• A police report, filed as soon as you are able.
• A medical report or clinic record of any injury.
• Photographs of injuries, taken as close to the incident as possible.
• Messages, voice notes, or witness accounts from people who saw or heard what happened.

You do not need every item on this list to start. Even one or two clear pieces of evidence can support your application.

Can I seek safety before or while filing for fasakh?

Yes. Filing for fasakh and getting to safety are not the same step, and you do not have to wait for one before doing the other.

Talian Kasih at 15999 can connect you to shelters, counselling, and emergency support. The Syariah Court can also be asked to protect your address and contact details during the case.

If you already left the home, that does not weaken your case. Many wives leave first and gather evidence afterward.

How does the process work once I am ready?

The process runs through the fasakh application at the Syariah Court, much like other grounds.

1. File your application with the cruelty ground and the evidence you have.
2. Attend a Sulh session, where you can raise safety concerns directly.
3. Present your evidence at a hearing if no settlement is reached.
4. The court decides, and if granted, the divorce is recorded.

You can also raise related claims, such as hadhanah for your children and maintenance during iddah, alongside the fasakh application.

What if my husband denies the abuse?

A contested case usually takes longer, but denial on his part does not defeat a well-documented case. The court weighs your evidence against what he says.

This is where a Peguam Syarie can help most, organising your evidence and presenting it clearly at the hearing.

What happens after the divorce is granted?

Once fasakh is granted, you observe the iddah period. You can also pursue nafkah iddah, mut’ah, and custody arrangements for your children.

Describing your situation to a Peguam Syarie, once you are safe, is a practical next step toward organising your case.