Clause 11

by deleting the words “arbitrators, or hakam,” in subsection (1) and substituting the word “hakam”;

by deleting the words “must where possible” in subsection (2) and substituting the words “may if it considers fit”;

by deleting the word “arbitration” in subsection (3) and substituting the word “proceedings”;

by deleting subsection (4) and substituting the following subsection:“(4) 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.”;

by deleting the words “their arbitration” in subsection (5) and substituting the words “the proceedings”;

by deleting the word “decree” in subsection (6) and substituting the word “pronounce”; and

by deleting subsection (7) and substituting the following subsections:“(7) Despite subsection (6), the hakam may pronounce a divorce in the absence of full authority from their respective principals if —

the hakam are of the joint opinion that the parties should be divorced; and

the Court has conferred authority on the hakam to pronounce a divorce at the time of appointing the hakam.(8) 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.(9) 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.(10) 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).(11) 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.”.