Hakam is mediator in syiqaq case. Syiqaq is hard dispute between husaban dan wife. Hakam consists of 2 sides 1 from husband and 1 from wife.
"And if you worry there is dispute between them, so send a hakam from man's family and a hakam from woman's family. If the two hakams intend make reparation, sure Allah help husband-wife.... " (Quran 4:35)
So if there is dispute, the problem is solved by hakam first.
Authority of Hakam
1. According to Fiqh expert:
Hakam is duty to give advice to the couple. If hakam fails to peace husband and wife, so hakam can divorce the couple although one of sides disagree. How to divorce the couple? Hakam of husband's side fall talak 1 by paying iwadl to hakam of wife's side, then hakam pf wife's side accept the talak 1 and iwadl.
2. According to Madzab Hanafi:
Hakam only duty to advise to the couple, and help to find problem solving. If hakam fails, hakam can not divorce the couple. So, the case is brought to the court because only court tahat can divorce the couple.
In Indonesia, stipulation about hakam from madzhab Hanafi is inforce.
"And if you worry there is dispute between them, so send a hakam from man's family and a hakam from woman's family. If the two hakams intend make reparation, sure Allah help husband-wife.... " (Quran 4:35)
So if there is dispute, the problem is solved by hakam first.
Authority of Hakam
1. According to Fiqh expert:
Hakam is duty to give advice to the couple. If hakam fails to peace husband and wife, so hakam can divorce the couple although one of sides disagree. How to divorce the couple? Hakam of husband's side fall talak 1 by paying iwadl to hakam of wife's side, then hakam pf wife's side accept the talak 1 and iwadl.
2. According to Madzab Hanafi:
Hakam only duty to advise to the couple, and help to find problem solving. If hakam fails, hakam can not divorce the couple. So, the case is brought to the court because only court tahat can divorce the couple.
In Indonesia, stipulation about hakam from madzhab Hanafi is inforce.
