Fasakh in Sabah: Your Own Court System
Your husband failed you, and Sabah's own law, not the Federal Territories one, decides your fasakh case.
Why fasakh matters if you live in Sabah
A husband who stops supporting you, disappears, or hurts you leaves a marriage that will not end without the court’s decision. Sabah runs an entirely separate court system from Peninsular Malaysia, so it helps to know which law and which court actually apply before you file.
Full grounds and evidence for fasakh sit on the main guide, though the section numbers there are a Federal Territories reference, not Sabah’s own.
Which law and court apply to your fasakh case
Fasakh in Sabah is decided under the Islamic Family Law Enactment 2004, in force since 1 June 2005, not Act 303.[1] Sabah’s Mahkamah Tinggi Syariah is based at Kompleks Mahkamah Syariah Negeri, Jalan Teluk Likas, Kota Kinabalu, with 11 Mahkamah Rendah Syariah operating across the state.[2]
Each district court can hear a fasakh application filed there, so most applicants do not need to travel to Kota Kinabalu.
What the 2024 jurisdiction change means for you
Sabah’s Syariah Courts Enactment 2024 raised the Mahkamah Rendah Syariah’s civil jurisdiction from RM100,000 to RM300,000.[3] Fasakh itself does not turn on a claim amount, but a linked claim, such as property division, can now stay at the district level up to this higher figure.
That change means fewer Sabah cases need to move to a higher court purely because of the amount involved.
Where to file: Kota Kinabalu or Sandakan
Kota Kinabalu hosts Sabah’s Mahkamah Tinggi Syariah as well as its own district court. Sandakan runs a separate district court for residents on the east coast.
Confirm which of the 11 district courts covers your address with JKSNS before you file.
What to prepare for a Sabah 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 Sabah case
Read the Sabah guide for the wider process, including Sabah’s own eKahwin and JHEAINS systems. If your case touches East Malaysia’s other state, fasakh in Sarawak covers that state’s own ordinance and divisions.
A related claim such as hadhanah for the children can be raised alongside your fasakh application once the divorce is settled.
Common questions
Does the fasakh guide's grounds still apply to me if I am in Sabah?
The type of ground, such as desertion or failure to maintain, applies the same way, but the section number does not. Sabah decides fasakh under its own 2004 enactment, not Act 303, which only covers the Federal Territories.
Do I have to travel to Kota Kinabalu to file a fasakh case?
Not necessarily. Sabah has 11 Mahkamah Rendah Syariah spread across the state, under the Mahkamah Tinggi Syariah in Kota Kinabalu. Most applicants can file at a district court near where they live.
What does the 2024 jurisdiction change mean for a fasakh case?
It raised the Mahkamah Rendah Syariah's civil jurisdiction from RM100,000 to RM300,000. Fasakh itself is not a money claim, but a linked claim, such as property division, can now stay at your district court up to that higher figure.
If you are trying to work out which Sabah court or claim applies to your fasakh case, tell us your situation and we can help you see the next step.
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