Question
Johan and Fatimah are a happily married couple with two children named Amirul and Amira. One day, Fatimah conveys her intention to Johan that she
Johan and Fatimah are a happily married couple with two children named Amirul and Amira. One
day, Fatimah conveys her intention to Johan that she is no longer a Muslim and she wishes to
renounce the religion, Islam around 2011. She admitted that she was no longer performing 5 times
prayers, she kept on consuming intoxicants and conveys that she no longer believe in God.
Thereafter, she seeks for divorce from Johan and planned to marry her new boyfriend, Steven, a
very well-known businessman in their town.
Johan however objected her intention and refused to divorce Fatimah. Fatimah being so mad and
dissatisfied had seek help to file an application of divorce against Johan. Since Fatimah very
insisted to file divorce application, Johan told Fatimah he will file their divorce application after
he come back from his business travel. In December 2011, Johan went to New York for business
meeting. After a week Johan in New York, suddenly that city has been bombed by terrorist. Many
buildings and citizens were destroyed and killed. After one month of searching, the search and
rescue team of New York government has decided to call it off. An announcement was made by
CNN news that the search has been discontinued since no Malaysian citizen was found anywhere
at the scene of explosion. Fatimah accept the news willingly. After a year from the news of Johan's
missing, she still wants to proceed to file divorce application against Johan. Therefore, Fatimah
finds you for advise whether she would apply for apostasy or fasakh divorce to dissolve her
marriage with Johan.
Your legal firm have to advice Fatimah of the various ways of dissolution of marriage under the
Islamic Law supported with the relevant form(s) and authorities by writing legal opinion to your
- Please help with divorce on fasaskh on presumption of death. with cases
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