53. Presumption of death

Where the husband of any woman is believed to be dead, or has not been heard of for a period of 4 years or more, and the circumstances are such that he ought, for the purpose of enabling the woman to remarry, to be presumed in accordance with Hukum Syara’ to have died , the Court may on the application of the woman in the prescribed form and after such inquiry as may be proper, issue a Certificate of Presumption of Death of the husband in the prescribed form and the Court may, on the application of the woman in the prescribed form, order the dissolution of marriage by fasakh.

A certificate issued under subsection (1) shall be registered in the Register of Divorces, Annulments and Ruju’ as if it effected a divorce.