PKR: Hakam will help spouses resolve quarrels

Spouses no longer need to be forced through protracted divorce trials, explains PKR Women’s Chief Zuraida Kamaruddin

KUALA LUMPUR: The recent introduction of Hakam (State of Selangor) Rules 2014 will better help resolve quarrels between husbands and wives, said PKR Women’s Chief Zuraida Kamaruddin.

In a statement today, she said that the change meant that the Syariah Court could now grant a divorce to a woman even if her husband was uncooperative. She said this was a better alternative than forcing her to endure the protracted trial of fasakh or ta’liq.

Under Islamic law, fasakh is an order for the dissolution of marriage due to valid reasons, especially in cases where the whereabouts of the husband is unknown.

Hakam (State of Selangor) Rules 2014 is part of the Islamic Family Law (State of Selangor) Enactment 2003 and comes into effect from 1 July 2013.

The term hakam refers to the arbitrator authorised by parties or the Court to resolve quarrels between the husband and wife.

Zuraida explained that a hakam may be appointed from amongst close family members of the feuding couple, subject to certain conditions among which are that he must be a Muslim man who has basic knowledge in family matters and Islamic law, according to the enactment.

“While there are no definite answers as to how to go about a broken marriage, parents should always make decisions based on the children’s welfare and best interests,” said Zuraida, expressing her distress at reading about a mother of a five-year-old child who had to give up her daughter as part of an agreement for divorce.

“Selangor is the first state to effect this change and I hope that all other states will follow suit. I am grateful and happy that Dr Naim Mokhtar, the Chief Judge of Selangor introduced this commendable policy,” she said.

“I am quite certain that women are capable of being a hakam in the future.”