Hakam (State of Selangor) Rules 2014: An overview

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 alte...

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Main Authors:	Abdul Hak, Nora, Abdul Syahid Sowell, Sarafuddin
Format:	Conference or Workshop Item
Language:	English
Published:	Ahmad Ibrahim Kulliyyah of Laws (AIKOL), International Islamic University Malaysia 2017
Subjects:	KPG Malaysia KPGG6000 Selangor
Online Access:	http://irep.iium.edu.my/58130/ http://irep.iium.edu.my/58130/ http://irep.iium.edu.my/58130/1/58130.pdf

id	iium-58130
recordtype	eprints
spelling	iium-581302017-10-06T07:37:01Z http://irep.iium.edu.my/58130/ Hakam (State of Selangor) Rules 2014: An overview Abdul Hak, Nora Abdul Syahid Sowell, Sarafuddin KPG Malaysia KPGG6000 Selangor 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. Ahmad Ibrahim Kulliyyah of Laws (AIKOL), International Islamic University Malaysia 2017 Conference or Workshop Item PeerReviewed application/pdf en http://irep.iium.edu.my/58130/1/58130.pdf 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. https://icdr2017.org/
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English
topic	KPG Malaysia KPGG6000 Selangor
spellingShingle	KPG Malaysia KPGG6000 Selangor Abdul Hak, Nora Abdul Syahid Sowell, Sarafuddin Hakam (State of Selangor) Rules 2014: An overview
description	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.
format	Conference or Workshop Item
author	Abdul Hak, Nora Abdul Syahid Sowell, Sarafuddin
author_facet	Abdul Hak, Nora Abdul Syahid Sowell, Sarafuddin
author_sort	Abdul Hak, Nora
title	Hakam (State of Selangor) Rules 2014: An overview
title_short	Hakam (State of Selangor) Rules 2014: An overview
title_full	Hakam (State of Selangor) Rules 2014: An overview
title_fullStr	Hakam (State of Selangor) Rules 2014: An overview
title_full_unstemmed	Hakam (State of Selangor) Rules 2014: An overview
title_sort	hakam (state of selangor) rules 2014: an overview
publisher	Ahmad Ibrahim Kulliyyah of Laws (AIKOL), International Islamic University Malaysia
publishDate	2017
url	http://irep.iium.edu.my/58130/ http://irep.iium.edu.my/58130/ http://irep.iium.edu.my/58130/1/58130.pdf
first_indexed	2023-09-18T21:22:10Z
last_indexed	2023-09-18T21:22:10Z
_version_	1777411954707529728

Hakam (State of Selangor) Rules 2014: An overview

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