Section 46

that the whereabouts of the husband is not known for a period of one year or more;

that the husband is in detention for a period of one year or more;

that the husband has neglected or failed to provide maintenance for his wife for a period of 4 months;

that the husband has been sentenced to imprisonment for a period of 3 years or more;

Islamic Family Law

B.L.R.0. 6/2012 39

that the husband has failed to perform without reasonable cause his marital obligations (nafkah batin) for a period of one year;

that the husband was impotent at the time of marriage and remains so and that the wife was unaware at the time of the marriage that he was impotent;

that the husband has been insane for a period of 2 years or is suffering from leprosy or vitiligo or Acquired Immune Deficiency

Syndrome (AIDS) or is a carrier of the HIV virus or is suffering from a venereal disease in a communicable form;

that after the lapse of 4 months from the order the marriage has still not been consummated owing to the wilful refusal of the husband to consummate it;

that the wife did not consent to the marriage or her consent was not valid, whether as a consequence of duress, mistake, unsoundness of mind, or any other circumstances in accordance with

Hukum Syara’;

that the wife is incapacitated and unable to have sexual intercourse in accordance with Hukum Syara’;

any other ground that is recognised as valid for dissolution of marriage by way of fasakh in accordance with Hukum Syara’.