Clause 50

Before making an order or decree for talak, fasakh, cherai taalikh, kholo’ or nushuz, the Court may appoint in accordance with the Muslim law two arbitrators, or hakam, to act for the husband and wife respectively. In making such appointment the Court shall 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 shall conduct it in accordance with such directions and according to the Muslim law. If they are unable to agree, or if the Court is not satisfied with their conduct of the arbitration it may remove them and appoint other hakam in their place.

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

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 Court for registration.

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