Fasakh in Kedah: Court and What to Bring
Your husband failed you, and Kedah's own newer law now decides your fasakh case.
Why fasakh matters if you live in Kedah
A husband who stops maintaining you, disappears, or hurts you leaves a marriage that will not end without the court’s decision. In Kedah, that decision now runs under one of the newer state laws, so an older source or a section number from another state will not match what applies to you.
Full grounds and evidence for fasakh sit on the main guide. This page covers how the application runs under Kedah’s own 2008 enactment.
Which law and court apply to your fasakh case
Fasakh in Kedah is decided under the Enakmen Undang-Undang Keluarga Islam (Kedah Darul Aman) 2008.[1] Because it is newer, the section number for your ground may not match what you read for another state.
The confirmed Mahkamah Rendah Syariah so far are Kota Setar in Alor Setar, Kulim, and Kuala Muda in Sungai Petani.[2] Each can hear a fasakh application filed in its own district.
If you live outside these three districts
The full list of Kedah’s district courts beyond Kota Setar, Kulim and Kuala Muda is not confirmed on the official source.[2] Do not assume a nearby town has its own Mahkamah Rendah Syariah.
Check directly with Jabatan Kehakiman Syariah Negeri Kedah, or describe your address to a Peguam Syarie, before you prepare your fasakh forms.
How Kedah’s 2018 Sulh rules shape your case
Kedah runs its own Kaedah-Kaedah Tatacara Mal Mahkamah Syariah (Sulh) (Kedah) 2018, separate from other states’ procedures.[3] Your fasakh application still starts with a Sulh session under these rules.
If Sulh does not settle your case, it moves to a full hearing at the same district court, where you present your evidence.
Where to file: Alor Setar or Kulim
Alor Setar hears cases through the Kota Setar registry and sits near the Mahkamah Tinggi Syariah Kedah. Kulim runs its own confirmed district court for residents further south.
If your address falls outside these confirmed districts, confirm the correct registry before filing rather than guessing.
What to prepare for a Kedah fasakh case
Gather evidence tied to your ground. Bank records or messages help if he stopped supporting you, a police or medical report helps for cruelty, and proof of your efforts to trace him helps if he has gone missing.
Bring your identification and marriage certificate to every session. If you or your children are in danger, call Talian Kasih at 15999 before you deal with the court.
Next step for your Kedah case
Read the Kedah guide for the wider process, including the MAIK and JHEAIK role split. If your case touches the Perlis border, fasakh in Perlis covers that state’s single court complex.
A related claim such as hadhanah for the children can be raised alongside your fasakh application once the divorce is settled.
Common questions
Does Kedah's 2008 law change what grounds I can use for fasakh?
The grounds themselves, such as desertion or failure to maintain, stay broadly similar to other states. What changes is the section number, since the 2008 enactment renumbers provisions differently from the Federal Territories reference.
I do not live near Alor Setar, Kulim or Sungai Petani. Where do I file?
Only Kota Setar, Kulim and Kuala Muda are confirmed to have their own Mahkamah Rendah Syariah so far. For another district, check the Jabatan Kehakiman Syariah Negeri Kedah website directly, or ask a Peguam Syarie which court applies to you.
How do Kedah's 2018 Sulh rules affect my fasakh case?
They set out how the pre-trial mediation session runs before your fasakh case is heard. If you and your husband do not settle at that stage, your case moves to a full hearing under the same 2018 rules.
If your fasakh case will be heard in Kedah, tell us your district and what has happened, and we will help you work out the right court and next step.
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