Hakam: arbitrators for a marriage in constant conflict

What is hakam?

Hakam is arbitration ordered by the Syariah Court when a marriage has broken down into syiqaq, constant conflict rather than one clear failure. Two arbitrators, called Hakam, are appointed to help resolve or end it.^[1]

What is syiqaq?

Syiqaq describes ongoing, unresolved discord between husband and wife. It is not one incident, but a pattern that has not improved despite earlier attempts to fix it.

Where the marriage fits this pattern more than a single clear ground, hakam is often the route the court considers.

Who is hakam usually for?

Hakam usually suits a wife whose marriage has become a long-running conflict, and whose husband is unwilling to engage with talaq, khuluk, or a straightforward settlement.

It also fits situations where the court itself sees ongoing conflict and directs the case toward arbitration rather than a single ground-based application.

What does the law require?

Where syiqaq is established, the court may appoint two Hakam, one representing each side, to try to resolve the dispute or bring the marriage to an end.^[1] Where authorised, a Hakam may pronounce talaq for the husband.^[1]

What if your husband refuses to take part?

Hakam does not stop simply because one spouse will not cooperate. Two arbitrators are still appointed, and the process continues based on what each side can present.

Where the court authorises it, the arbitrators can bring the marriage to a decision even without the husband actively engaging in it.

How does the process work?

1. The court appoints two Hakam, one representing the husband and one representing the wife.
2. The arbitrators meet with both spouses, where possible, to understand the conflict.
3. They attempt reconciliation first, and report back to the court on the outcome.
4. Where reconciliation fails, the court may authorise the Hakam to pronounce talaq or decide the case.

How long does it take, and what does it cost?

Time and cost depend on how the arbitration unfolds and whether both spouses take part. Court fees and any Peguam Syarie fees vary with the case.

Hakam compared with fasakh

Fasakh is granted on a specific ground you prove, such as failure to maintain you or a long absence. Hakam instead responds to ongoing conflict itself, working through two arbitrators rather than a single stated ground.

What should you prepare?

• A clear account of the pattern of conflict, with examples and approximate dates.
• Any earlier attempts at reconciliation, including Sulh sessions, if these took place.
• Contact details the arbitrators can use to reach you.

After hakam: iddah and related claims

Once a decision is reached, you observe the iddah period if the marriage ends. Related claims, such as nafkah iddah and hadhanah, can be raised alongside the case. If your safety is at risk at any point, call Talian Kasih at 15999 before continuing with the court process. Syariah divorce is administered at state level, so tell us your state and we will help you find the right court.