ISLAMIC FAMILY LAW ORDINANCE, 2001
PART V - DISSOLUTION OF MARRIAGE
Section 46. Arbitration by Hakam
(1) If satisfied that there are constant quarrels (shiqaq) between the parties to a marriage, the Court may appoint in accordance with Islamic Law two arbitrators or Hakam to act for the husband and wife respectively.
(2) In appointing the Hakam under subsection (1), the Court shall, where possible, give preference to close relatives of the parties having knowledge of the circumstances of the case.
(3) The Court may give directions to the Hakam as to the conduct of the arbitration and they shall conduct it in accordance with such directions and Islamic Law.
(4) If the Hakam are unable to agree, or if the Court is not satisfied with their conduct of the arbitration, the Court may remove them and appoint other Hakam in their place.
(5) The Hakam shall endeavour to obtain from their respective principals full authority, and may, if their authority extends so far, pronounce one talaq before the Court, if permitted by the Court, and in that event the Court shall record that pronouncement of one talaq, and send a certified copy of the record to the appropriate Registrar and to the Chief Registrar for registration.
(6) If the Hakam are of the opinion that the parties should be divorced but are unable for any reason to order a divorce, the Court shall appoint other Hakam and shall confer on them authority to order a divorce and shall, if they do so, record the order and send a certified copy of the record to the appropriate Registrar and to the Chief Registrar for registration.
(7) Unless he is a close member of the family of the parties, no person or Peguam Syarie shall be allowed to be present or represent any of the parties in the presence of the Hakam.
Copyright © PNMB-LawNet. All rights reserved.