Section 50

Before the making of an order or decree for talak, fasakh, cerai taklik or khuluk, the Court may appoint in accordance with the Muslim law 2 arbitrators, or hakam, to act for the husband and wife respectively.

In making such appointment, the Court must where possible give preference to close relatives of the parties having knowledge of the circumstances of the case.

The Court may give directions to the hakam as to the conduct of the arbitration and they must conduct it in accordance with such directions and according to the Muslim law.

If the hakam are unable to agree, or if the Court is not satisfied with the conduct of the arbitration, the Court may remove the hakam and appoint other hakam in their place.

The hakam must endeavour to effect a reconciliation between the parties and must report the result of their arbitration to the Court.

The hakam must endeavour to obtain from their respective principals full authority, and may, if their authority extends so far, decree a divorce, and must in such event report the same to the Court for registration.

If the hakam are of the opinion that the parties should be divorced but are unable for any reason to decree a divorce, the Court may appoint other hakam and confer on them authority to effect a divorce and the hakam, if they do so, must report the same to the Court for registration.