ENACTMENT NO. 8 OF 1982
THE ADMINISTRATION OF THE RELIGION OF ISLAM AND,
THE MALAY CUSTOM OF PAHANG ENACTMENT 1982

PART IV - MARRIAGE, DIVORCE AND RUJUK



Section 75. Fasah.


(1) A wife may sue for a fasah in the Court of Kadi Besar in accordance with Hukum Syara' .

(2) When a suit is filed under subsection (1) in the Court of Kadi Besar, the Court shall serve a notice of hearing on the husband.

(3) If the husband cannot be traced or he is not in the State the notice-


(4) If the notice server finds the husband and he refuses to accept service of the notice, the notice server may leave the notice in front of the husband and such service shall be deemed to have been properly served.

(5) No decree of fasah shall be pronounced save in accordance with the provisions of Hukum Syara' in pursuance of the evidence of the wife and of at least two other witnesses.

(6) When the decree of fasah is pronounced the Kadi Besar shall register the same as a divorce by fasah and shall issue a certificate thereof in the prescribed from to the wife.

(7) The Kadi Besar may proceed to hear suit and make his finding in the absence of the husband provided that the notice has been served and proof of service has been given on oath or affirmation.



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