Fasakh grounds and evidence matrix

See every recognised fasakh ground next to the evidence it usually needs.

What are the main fasakh grounds, at a glance?

Section 52 of the Federal Territories reference lists several grounds for fasakh, including a husband’s whereabouts being unknown for over a year, failing to maintain the wife for three months, imprisonment of three years or more, and cruelty.[1] You only need to prove one ground to begin.

The table below sets out four common grounds next to the evidence that usually supports each one. Read our full evidence guide for the complete detail behind each row.

Ground Typical evidence
Failure to maintain (nafkah) Bank records, unpaid bills, messages raising the issue.
Cruelty or violence Police report, medical report, photographs, witness accounts.
Imprisonment of the husband Court judgment copy, written confirmation of sentence length.
Husband’s whereabouts unknown Police report on disappearance, records of attempts to contact him.

Bring what you have rather than waiting for every item. The court weighs your evidence as a whole, and a Peguam Syarie can flag any gap before your case reaches a hearing.

Why do the section numbers differ by state?

Section 52 is the Federal Territories reference only.[1] Every other state has its own Islamic family law enactment, and the grounds are broadly similar but the section numbers differ from state to state. Check the state court directory for the enactment that applies where you live.

This is why a ground you read about for one state may sit under a different section number in yours. A Peguam Syarie can confirm the correct section for your own enactment before you file.

Where should you start?

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

Once you have matched your situation to a ground, read the fasakh entity page for the full process, or the route selector if you are still deciding between fasakh and another route.

Common questions

Do I need to prove more than one ground?

No. One ground that you can prove is usually enough to begin a fasakh application. If more than one applies to your situation, mentioning them together can still help, but you do not need every ground on this matrix.

Why does the section number change if I live in a different state?

Section 52 is the Federal Territories reference. Every other state has passed its own Islamic family law enactment with its own section numbers, though the grounds themselves are broadly the same.

What if my situation does not match any row here?

Fasakh covers other grounds beyond the four listed here, and every case has its own facts. Describe your situation to a Peguam Syarie so they can tell you which ground, if any, fits.

Once you can see which ground and evidence apply to you, tell us your situation and we will help you plan the next step.

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