Hakam (State of Selangor) Rules 2014: An overview

Abdul Hak, Nora and Abdul Syahid Sowell, Sarafuddin (2017) Hakam (State of Selangor) Rules 2014: An overview. In: International Conference on Dispute Resolution 2017 - Modern Trends in Effective Dispute Resolution, 9th-10th August 2017, Kuala Lumpur.

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Abstract

In 2014, Hakam Rules was introduced by the State of Selangor with the aim to help estranged Muslim couples to resolve their quarrels with the help of hakam. Under this Rules, the Syariah Court could grant a divorce to a woman even if her husband is uncooperative. Divorce by hakam is a better alternative than forcing the wife to endure the protracted trial of fasakh or ta’liq. Selangor is the first state to effect this change and it is hoped that other states will follow suit. Thus, it is the aim of this paper to discuss the provision on marital dispute resolution by means of hakam as provided for under the Hakam Rules 2014 of Selangor. Firstly, the paper deals with the provision on hakam under the Islamic Family Law (State of Selangor) Enactment 2003. The critical analysis focuses on section 47 (5) to (17) and, specifically of section 48 of the Enactment. These relevant provisions are analysed against the background of the principles and rules of tahkim (arbitration) as deliberated in the sources of syariah i.e., Qur’an, Sunnah, Ijma’, Qiyas and other secondary sources of shariah. In this paper, Islamic legal research methodology is adopted. It involves a study of the relevant literature on the law (fiqh), the Qur’anic exegesis, the traditions of the Prophet Muhammad (hadith) and opinions of the four major schools of shariah relating to the principles and rules of tahkim/hakam. Finally, suggestions and recommendations to further improve the current practice and provisions on hakam are discussed in this paper.

Item Type:	Conference or Workshop Item (Plenary Papers)
Additional Information:	807/58130
Uncontrolled Keywords:	Hakam, Family law, Dispute Resolution in Islam
Subjects:	K Law > KPG Malaysia K Law > KPG Malaysia > KPGG6000 Selangor
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Ahmad Ibrahim Kulliyyah of Laws > Department of Civil Law
Depositing User:	Prof. Dr. Nora Abdul Hak
Date Deposited:	06 Oct 2017 15:37
Last Modified:	06 Oct 2017 15:37
URI:	http://irep.iium.edu.my/id/eprint/58130

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