ENACTMENT NO. 1 OF 1966 SHAR'IYAH COURTS AND MUSLIM MATRIMONIAL CAUSES ENACTMENT, 1966
PART III - MARRIAGE AND DIVORCE
Section 74. Arbitration.
(1) If satisfied that there are constant quarrels between the parties to a marriage, a Kadhi may appoint in accordance with the Hukum Shara' two arbitrators (Hakam) to act for the husband and the wife respectively. In making such appointment the Kadhi shall, where possible, give preference to close relatives of the parties having knowledge of the circumstances ofi the case.
(2) The Kadhi may give directions to the Hakam as to the conduct of the arbitration and they shall conduct it in accordance with such directions and according to Hukum Shara'. If they are unable to agree, or if the Kadhi is not satisfied with their conduct of the arbitration, he may remove them and appoint other Hakam in their place.
(3) The Hakam shall endeavour to obtain from their respective principals full authority, and may, if their authority extends so far, decree a divorce, and shall in such event report the same to the Kadhi for registration.
(4) If the Hakam are of the opinion that the parties should be divorced but are unable for any reason to decree a divorce, the Kadhi shall appoint another Hakam in accordance with "Qaul Dha'if" and shall confer on him authority to effect a divorce, and shall if they do so, register and issue certificates to the same in manner aforesaid.