The recognised grounds for fasakh explained

What are the grounds for fasakh?

Fasakh is granted on specific, recognised grounds, not simply because a marriage feels over. As a Federal Territories reference, section 52 lists several grounds, including a missing husband, failure to maintain, imprisonment and cruelty.^[1] You only need to prove one that fits your situation.

This guide walks through each ground in plain language, so you can see which one matches what actually happened to you. For the full picture of fasakh itself, including the process and cost, see the fasakh page.

What counts as a missing husband?

This ground applies when your husband’s whereabouts have been unknown for over a year.^[1] It is meant for a wife who genuinely cannot locate her husband, not one who has simply lost touch briefly.

The court will want to see that you made real efforts to trace him before you conclude he cannot be found. A short guide dedicated to this exact situation is available if this is your main ground.

What counts as failure to maintain?

Failure to maintain means your husband did not provide for your basic needs, food, shelter and daily support, for a period commonly read as around three months.^[1]

This is not about one missed payment or a brief disagreement over money. It is about a sustained gap in support that you can show with dates and records.

What counts as imprisonment as a ground?

If your husband has been imprisoned for three years or more, that period alone can support a fasakh application.^[1] The court will usually want confirmation of the sentence and its length.

This ground exists because a long imprisonment leaves a marriage unable to function in any practical sense, regardless of fault.

What counts as cruelty?

Cruelty covers conduct that causes real harm or makes married life intolerable, whether physical, emotional, or through habitual neglect.^[1] It does not need to be a single dramatic incident.

If cruelty or violence is part of your situation, treat your safety as the first priority. Call Talian Kasih at 15999 for immediate help before or alongside dealing with the court.

Are there other recognised grounds?

Beyond these common grounds, the law also recognises situations such as a husband’s serious illness that makes married life unreasonable to continue, or other conduct the court accepts under Hukum Syarak. These are assessed case by case.

Because each state’s enactment carries its own section numbers and wording, the exact list and its details can vary. Confirming your ground against your own state’s law is worth doing early.

How do you know which ground fits you?

Look at what actually happened, not what you think sounds strongest. A wife who has been left without support for months has a different ground, and needs different evidence, from one whose husband has disappeared entirely.

Once you have a ground in mind, the next useful step is understanding what evidence actually supports it. Our evidence guide for each fasakh ground sets this out in practical detail.

What if more than one ground applies?

Many wives find that more than one ground fits their situation, for example a missing husband who also stopped providing support. You can raise more than one ground in the same application.

Describing your full situation, not just the part that feels clearest, helps a Peguam Syarie or the court see the complete picture and choose the strongest combination of grounds.