Fasakh when your husband is addicted to drugs
His addiction has taken over the household, and you need a lawful way out.
Can I apply for fasakh because my husband is addicted to drugs?
Addiction itself is not listed as a separate ground, but its real effects, failing to maintain you or treating you with cruelty, often are.[1] What matters to the court is what actually happened in your household, not the label of addiction alone.
For the full list of recognised grounds, see fasakh grounds. This guide focuses specifically on how addiction tends to fit that list.
How does addiction usually connect to failure to maintain?
Money spent on drugs is money not spent on the household, and a sustained gap in support you can show with dates and records may fit the failure to maintain ground.[1] This does not require proving the addiction itself in detail, only the resulting gap in support.
Keep track of what stopped, rent, groceries, school fees, and roughly when, rather than trying to document the addiction as such.
What if the harm is not physical violence?
Cruelty covers more than physical harm, including conduct that makes married life intolerable, so instability, broken promises, and a household under constant strain from addiction can be part of that picture.[1] It does not need to be one dramatic incident.
Describe the pattern as it actually happened, including how it affected you and your children day to day, since this is often more persuasive than a single event.
What should I prioritise if things feel unsafe?
If his behaviour under addiction puts you or your children at risk, safety comes first, ahead of building your case. Call Talian Kasih at 15999 for immediate support, and consider your immediate safety before focusing on the legal process.
A fasakh case can proceed once you are safe. It does not require you to remain in a dangerous situation while you prepare it.
What evidence tends to help in a case like this?
Records that show the practical impact matter most: missed bills, notices, messages, or anyone, such as family, who witnessed the household strain. A record of his behaviour over time is usually more useful than a single incident.
If he has had periods of rehab or attempted recovery, note those too, since the court may want the full picture of what you have already tried.
Do I need to prove the addiction itself, or just its effects?
Generally, the effects matter more than a formal diagnosis. What you can show, the missed support, the harm, the disruption, is usually what carries the case, rather than medical proof of the addiction on its own.
A Peguam Syarie can help you decide which facts to bring forward and how to present them clearly to the court.
Common questions
Is drug addiction itself a specific ground for fasakh?
Addiction is not named as its own ground, but its effects often are. A husband who stops supporting the household, or whose behaviour under addiction causes real harm, may fit the failure to maintain or cruelty grounds instead.
What if he has never hit me, but the household has fallen apart because of his addiction?
Cruelty is not limited to physical harm, and a sustained failure to provide can stand as its own ground. Describe what has actually happened, the missed support, the disruption, rather than only looking for physical incidents.
Is it safe for me to stay while I prepare this case?
Your safety comes first. If his behaviour under addiction puts you or your children at risk, treat that as urgent and call Talian Kasih at 15999 for support before or alongside preparing your case.
What if he has gone to rehab and I am unsure whether to continue?
That is your decision to make based on what you see, not a rule the law sets for you. A Peguam Syarie can help you understand your position either way, whether you choose to wait or to proceed.
If addiction has taken over your household and you are ready to consider your options, tell us your situation and we will help you see your clearest path.
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