Fasakh in Sarawak: Ordinance and Division
Your husband failed you, and Sarawak's own ordinance, not the usual enactment, decides your case.
Why fasakh matters if you live in Sarawak
A husband who stops supporting you, disappears, or hurts you leaves a marriage that will not end without the court’s decision. Sarawak organises that decision around divisions, a structure most other states do not use, so it helps to know how that changes things before you file.
Full grounds and evidence for fasakh sit on the main guide, though its section numbers are a Federal Territories reference, not Sarawak’s own.
Which law applies to your fasakh case in Sarawak
Fasakh in Sarawak is decided under the Islamic Family Law Ordinance, 2001, Chapter 43 of the Laws of Sarawak, gazetted on 27 December 2001.[1] It is an ordinance, not an enactment, reflecting Sarawak’s own legislative history.
The Mahkamah Tinggi Syariah is based at Bangunan Mahkamah Syariah, Jalan Satok, Kuching, with Mahkamah Rendah Syariah organised by division rather than district.[2]
What a division means for your fasakh filing
Rather than districts, Sarawak groups its subordinate courts by division. If you do not live near Kuching, the court that hears your fasakh case depends on which division your address falls in, not a district name you might be used to from another state.
Check with JKSS which division covers your area before you file.
Where to file: Kuching or Miri
Kuching hosts Sarawak’s Mahkamah Tinggi Syariah as well as its own division-level court. Miri serves residents further along the coast, in a separate division.
Confirm your division’s court with JKSS if you are unsure which one applies.
Should you rely on Sarawak i-Syariah for a fasakh case?
Sarawak runs its own portal, Sarawak i-Syariah, for applications and case status checks, separate from the national e-Syariah system used elsewhere.[3] Whether it fully connects with that national system is not confirmed.
Check the correct filing steps with JKSS directly rather than assuming the portal covers every step of a fasakh application.
What to prepare for a Sarawak 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 Sarawak case
Read the Sarawak guide for the wider process, including how Sulh runs before a hearing. If your case touches East Malaysia’s other state, fasakh in Sabah covers that state’s own enactment and district courts.
A related claim such as hadhanah for the children can be raised alongside your fasakh application once the divorce is settled.
Common questions
Why does Sarawak use an ordinance instead of an enactment for fasakh?
Sarawak's Islamic family law was passed as the Islamic Family Law Ordinance 2001, reflecting its own legislative history, separate from the enactments used in Peninsular states. It is the basis for every fasakh case in the state.
What is a division, and does it change where I file?
Sarawak is not split into districts like most other states, but into divisions. Its Mahkamah Rendah Syariah are organised around these divisions, so the court that hears your fasakh case depends on which division you live in.
Can I file my fasakh application through Sarawak i-Syariah?
Sarawak i-Syariah is JKSS's own portal for applications and case status checks. Whether it fully connects with the national e-Syariah system is not confirmed, so check with JKSS directly for the correct filing steps.
If you are not sure which division or court applies to your fasakh case in Sarawak, tell us your situation and we can help you see the next step.
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