The hakam process, step by step
Your marriage has turned into ongoing conflict and you want to know what happens next.
What triggers the hakam process?
Hakam begins when a marriage has become syiqaq, constant and unresolved conflict rather than one clear failure the wife can prove on its own. The Syariah Court appoints two arbitrators once it sees this pattern.[1]
If your case is really about one clear ground, such as failed maintenance or a broken taklik promise, fasakh or cerai taklik may fit your facts better than hakam.
Step 1: the court appoints two Hakam
Once syiqaq is established, the Syariah Court appoints two Hakam, one to represent the husband and one to represent the wife.[1] They are not your personal lawyers; their role is to look into the conflict on behalf of the court.
Many couples reach this stage after an earlier Sulh session has not resolved the underlying conflict.
Step 2: the arbitrators look into the conflict
The two Hakam meet with both spouses, where this is possible, to understand what has gone wrong and for how long. They may also speak with family members who know the situation.
This stage is about gathering a clear picture, not deciding fault. Keep a simple timeline of key incidents ready, since this helps the arbitrators work faster.
Step 3: they attempt reconciliation first
Before anything else, the Hakam try to help the couple reconcile. This might include proposing changes both sides can commit to, or a cooling-off period.
Reconciliation is the law’s preferred outcome. Ending the marriage is only considered once this genuinely does not work.
Step 4: they report back to the Syariah Court
Whether reconciliation succeeds or not, the two Hakam report their findings to the court. A successful reconciliation can close the case without further proceedings.
Where reconciliation fails, the report explains why, and sets out what each arbitrator believes should happen to the marriage.
Step 5: the court may authorise a talaq or decide the case
Where reconciliation has failed and the court authorises it, a Hakam may pronounce talaq on the husband’s behalf.[1] This is one of the features that sets hakam apart from a case that depends entirely on the husband acting himself.
The court can also decide the matter directly based on the Hakam’s report, rather than starting a fresh contested hearing from zero.
How is this different from an ordinary contested hearing?
A contested hearing usually means each side presents its own evidence and arguments directly to the judge. Hakam adds a structured layer in between: two arbitrators who try reconciliation first, then report a considered view.
For a marriage marked by constant discord rather than a single provable incident, this structure can move the case forward even where communication between the couple has broken down.
What should you prepare before hakam begins?
- A short written timeline of the conflict, with rough dates rather than exact ones if that is all you have.
- Names of family members or friends who have seen the pattern and could speak to it if asked.
- A note of any earlier attempts at reconciliation, including any Sulh session already held.
Where does this leave your case afterwards?
If the marriage ends through hakam, you observe the iddah period and can raise related claims, such as nafkah anak for your children and division of harta sepencarian. These claims do not need to wait for a separate case.
If safety is a concern at any stage of this process, call Talian Kasih at 15999 before continuing with the arbitration. Tell us your state, and we will help you find the right court for your hakam case.
Common questions
Do I need to apply separately for hakam, or does the court decide?
Usually the court directs a case toward hakam once it sees syiqaq, ongoing conflict rather than one clear ground. You or a Peguam Syarie can also raise it during your case if the pattern fits.
How many meetings does the hakam process usually take?
There is no fixed number. It depends on how quickly the arbitrators can reach both spouses and whether reconciliation looks possible. Some cases resolve in one round, others need more.
What if the two Hakam disagree with each other?
They report their findings to the Syariah Court, which makes the final decision. The court is not bound to accept a split view without weighing the evidence itself.
Is hakam the same as going to a full trial?
No. Hakam is a more guided process with two arbitrators trying reconciliation first. If it fails and the court authorises a decision, it can still be quicker than a fully contested hearing.
If your case looks like ongoing conflict rather than one clear ground, tell us your situation and we will help you see whether hakam is the right next step.
WhatsApp a Peguam Syarie