50. Appointment of hakam

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 hakam to act for the husband and wife respectively.

In making such appointment, the Court may if it considers fit 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 proceedings and they must conduct it in accordance with such directions and according to the Muslim law.

If the Court is not satisfied with the conduct of the proceedings by the hakam, the Court may remove one or both of 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 the proceedings to the Court.

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

Despite subsection (6), the hakam may pronounce a divorce in the absence of full authority from their respective principals if —

If the hakam appointed under subsection (1) are unable to agree on whether the parties should be divorced and report this to the Court, the Court may appoint other hakam in their place or make such order or give such direction as the Court thinks fit.

If the hakam appointed under subsection (4) or (8) are unable to agree on whether the parties should be divorced, the hakam must report this to the Court and the Court may make such order or give such direction as the Court thinks fit.

To avoid doubt, this section applies to the hakam appointed under subsection (4) or (8) as it applies to the hakam appointed under subsection (1).

Where a divorce is pronounced by the hakam under subsection (6) or (7), the Court is to make a decree of divorce and cause the decree to be registered.