What evidence you need for each fasakh ground

What evidence actually supports a fasakh case?

The evidence you need depends on your ground.^[1] A case built on failure to maintain needs different proof from one built on cruelty or a missing husband. This guide sets out what is typically useful for each, so you can start gathering with a clear picture.

For an explanation of what each ground actually means, see our guide to the recognised fasakh grounds. This page focuses only on the evidence side.

What proves your husband failed to maintain you?

The court wants to see a genuine, sustained gap in support, so bring anything that shows money and daily needs were not provided.

• Bank statements or transfer records covering the period in question.
• Receipts or bills you paid alone during that time.
• Messages where you raised the issue and he did not respond or refused.
• A family member or friend who can describe the household situation.

A simple dated timeline alongside these documents helps the court follow the pattern quickly.

What proves cruelty or violence?

Cruelty cases turn on showing a real pattern of harm, so official records carry particular weight alongside your own account.

• A police report, if one was made at the time or since.
• A medical report or clinic record of any injury or treatment.
• Photographs of injuries or damage, kept with their original date information.
• Witness accounts from anyone who saw the incidents or their aftermath.

If cruelty or violence is part of your case, your safety comes first. Call Talian Kasih at 15999 for immediate help alongside preparing your case.

What proves imprisonment as a ground?

This ground is usually the most document-based of the four, since it rests on official confirmation rather than a pattern you build up yourself.

• A copy of the court judgment or sentencing document.
• Written confirmation of the sentence length from the relevant authority.
• Any correspondence confirming his current custodial status.

Because this evidence is official, it is often simpler to gather, though it can take time to obtain copies from the right office.

What proves a missing husband?

A missing husband case needs to show real, ongoing effort to trace him, not just an absence.

• A police report on his disappearance.
• Records of your attempts to contact him, family, or his last known workplace.
• Confirmation from relatives that they also cannot locate him.

Because this ground has its own specific requirements around time and effort, our dedicated guide on a missing husband covers it in more depth.

How should you organise what you gather?

Group your evidence by ground, and keep a simple dated list next to each group. A court, and a Peguam Syarie helping you, can follow a clear timeline far more easily than a folder of unsorted documents.

Keep originals safe and make copies for reference. If any evidence is digital, such as messages, keep it on the original device where possible until you have been advised on how to preserve it properly.

What should you do next?

Start with what you already have rather than waiting until your file feels complete. A Peguam Syarie can review your evidence early and tell you what, if anything, still needs to be gathered before you file your fasakh application.