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A Hakam or Arbitrator is someone who has been selected by a divorcing party to represent him or her under the direction of the judge. A Hakam is bestowed with specific power and responsibilities in his attempts to settle the issues or disputes between the divorcing parties. This is in line with what has been prescribed by Allah swt:-
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"If you fear a breach between them, appoint (two) arbitrators, one from his family and the other from hers. If they both wish for peace, Allah will cause their reconciliation. Indeed Allah is All-Knowing, Well-Aquainted with all things."
An-Nisa (The Women) 4 : 35
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| Some of the cases heard by the Judge have to be referred to the Hakam for the following reasons: |
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- Wife applies for divorce on the basis of breach of ta'lik by the husband but, after hearing the case, the Court finds that no such breach has taken place.
- Husband refuses to divorce wife and has not pronounced talak, but wife insists on a divorce.
- The Court finds that it is necessary for the parties to be referred to Hakam.
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Function of Hakam |
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- To explain to the parties the role of the Hakam in resolving their problem from the Islamic viewpoint.
- To look at the background of the parties and to discuss the matter with them.
- To read the notes of evidence in order to have a thorough understanding of the case.
- To underline the merits of a peaceful settlement and the demerits of divorce and its effect on individuals, children, community, property, joint savings, matrimonial property, and to explain to the parties the need for payment of nafkah iddah and mut'ah following divorce as well as the social problems that divorces create.
- To endeavour to effect a reconciliation between the parties, failing which, to decree a divorce.
- To report to the Court the result of the arbitration and for the decision to be translated into a Court Order.
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