ACT 303
ISLAMIC FAMILY LAW (FEDERAL TERRITORY) ACT 1984

PART V - DISSOLUTION OF MARRIAGE



Section 52. Order for dissolution of marriage or fasakh.


(1) A woman married in accordance with Hukum Syara', shall be entitled to obtain an order for the dissolution of marriage or fasakh on any one or more of the following grounds, namely -

[Am. Act A902: s.16]
[Am. Act A828: s.5]
(1A) Any person married in accordance with Hukum Syara' shall be entitled to obtain an order for the dissolution of marriage or fasakh on the ground that the wife is incapacitated which prevents sexual intercourse.
[Ins. Act A902: s.16]

(2) No order shall be made on the ground in paragraph (c) of subsection (1) until the sentence has become final and the husband has already served one year of the sentence.

(3) Before making an order on the ground in paragraph (e) of subsection (1) the Court shall, on application by the husband, make an order requiring the husband to satisfy the Court within a period of six months from the date of the order that he has ceased to be impotent, and if the husband so satisfies the Court within that period, no order shall be made on that ground.

(4) No order shall be made on any of the grounds in subsection (1) if the husband satisfies the Court that the wife, with knowledge that it was open to her to have the marriage repudiated, so conducted herself in relation to the husband as to lead the husband reasonably to believe that she would not seek to do so, and that it would be unjust to the husband to make the order.



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