Fasakh evidence checklist by ground

You know your ground for fasakh, and you want to know exactly what to gather.

How to use this checklist

Find the ground that matches your situation, then work through the items under it. Keep copies of everything, and note the date you received or created each item.

This list is a starting point built from common fasakh grounds. Your own case may need more or less, depending on your facts.

Ground: husband’s whereabouts unknown

Evidence to gather Why it helps
A timeline of when contact stopped and what you tried Shows the court your own account of the absence.
A police report on the disappearance Creates an official record of the missing period.
Messages, call logs, or witness statements from family Supports your account with something beyond memory.

Keep a simple written log of every attempt you make to trace him, even unsuccessful ones.

Ground: failure to maintain

Evidence to gather Why it helps
Bank statements showing no incoming support Shows a pattern over time rather than one missed month.
Receipts for expenses you covered alone Shows what you had to pay without his contribution.
Messages where support was requested or refused Shows the request was made and not met.

If you already track missed payments, our maintenance record template gives you a simple format to organise them.

Ground: cruelty or violence

If you or your children are unsafe right now, safety comes first. Call Talian Kasih at 15999 for immediate help before anything else.

Evidence to gather Why it helps
A police report Creates a formal, dated record of the incident.
A medical report, if you sought treatment Records injuries and the date they were assessed.
Photographs, messages, or witness accounts Adds detail the police or medical report may not cover.

You do not need to wait until you have every item before speaking to someone. Tell us what you already have and we will help you plan the rest.

Ground: imprisonment

Evidence to gather Why it helps
Court documents confirming the sentence Confirms the length and basis of imprisonment.
A letter of confirmation from the relevant institution Supports the court record with an official statement.

This ground usually needs the least additional evidence, since the sentence itself is a matter of official record.

After you gather your evidence

Organise everything by date, and keep a copy separate from the original where possible. A clear, dated set of evidence is easier for the Sulh Officer and the court to follow.

Read fasakh for the full picture of how the process works, or hakam if your situation is constant conflict rather than one clear ground.

Common questions

Do I need every item on the list for my ground?

No. Bring what you have. The court weighs the evidence available to you, not a fixed checklist. Missing one item does not stop you from applying.

What if I do not have any documents at all?

Start with what exists, even messages, witness names, or a rough timeline written from memory. A Peguam Syarie can help you work out what else to gather for your specific ground.

Can I use evidence from more than one ground at once?

Yes. Some situations involve more than one ground, for example a husband who stopped paying maintenance and also cannot be traced. Gather evidence for each ground that applies.

Once you have started gathering evidence for your ground, tell us your situation and we will help you check whether anything important is missing.

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