Hakam
Hakam is a process that can be used in circumstances where shiqaq, or constant quarreling, takes place between you and your partner in the separation process.
In practice it is invoked after the conciliatory committee makes their assessment on your relationship being unreconcilable, or if the husband fails to pronounce one talaq upon the conciliatory committee's advice.
For you and your partner, hakam is an effective a form of arbitration with special powers. It can bring to a painful separation process to a close.
Download our Questionnaire to do a self-assessment on your own unique relationship and circumstances.
The hakam focuses on bringing conclusion to your case
The process takes between 1-3 months from when the court initiates the Hakam.
Court initiates Hakam
The court may give a direction to how the arbitration should take place based on the case so far.
Talaq or khul' decided
Based on shiqaq evidence, the hakam will pronounce one talaq or khul' on behalf of husband, wife, or both parties.
2 members
The hakam consists of 2 arbitrators, usually family, which you and your partner appoint to act on your behalf.
Hakam disagreement
The court can replace the hakam if they are unable to agree on an outcome.
Identify shiqaq cause
The hakam will identify who is causing the shiqaq, and based on this, determine the type of divorce.
Divorce order issued
After the hakam pronounces the separation, the court will issue the divorce order.
I am not satisfied with the hakam!
If you are dissatisfied with the hakam members and how they are conducting themselves, then a written complaint can be given to the court.
The complaint must be addressed within a certain time period, usually 14 days. Be aware though, it may also be dismissed if there is no supporting basis.
The hakam will still attempt to see if a reconciliation is possible at all stages in their process. Remember, their goal is to keep trying to save your marriage.
A separation is the last case scenario.