ḤAKAM (حَكَم) in Islam
Definition
ḤAKAM (حَكَم) refers to an arbitrator appointed by a qāẓī (judge) to resolve disputes within an Islamic legal framework. The role of a ḥakam is crucial in ensuring justice and reconciliation, particularly in domestic relations, as underlined by Islamic teachings.
Etymology
The term “ḤAKAM” is derived from the Arabic root (ح-ك-م) “ḥ-k-m,” which primarily means “to judge,” “to decide,” or “to evaluate.” The word is closely related to other terms such as ḥukm (حُكم, “judgment” or “ruling”) and ḥikmah (حِكمَة, “wisdom”).
Arabic: حكم
Turkish: Hakem
Qur’anic Context and Application
The role of a ḥakam is explicitly mentioned in the Qur’an, particularly in the context of mediating domestic disputes:
<p><strong>“If ye fear a breach between the two (i.e., husband and wife) then appoint an arbitrator from his people, and an arbitrator from her people.”</strong><br> <em>(Qur’an, Surah An-Nisa [4:35])</em></p>
This verse underscores the importance of arbitration in maintaining justice and harmony in familial relationships.
Legal Limitations
Islamic jurisprudence outlines specific qualifications for who can serve as a ḥakam. According to the Hidāyah, an authoritative legal manual, certain individuals are prohibited from being appointed as arbitrators:
- Slaves
- Non-believers
- Slanderers
- Infants
Reference: Hidāyah, vol. ii. p. 638.
Al-Ḥakam: An Attribute of God
Although not explicitly utilized in the Qur’an, Al-Ḥakam (The Arbitrator) is one of the ninety-nine attributes of God in Islam. It emphasizes God’s ultimate role as the supreme judge and decision-maker, reflecting divine wisdom and justice.
Books for Further Studies
- “The Hidāyah: A Commentary on the Islamic Laws”, by Al-Marghīnānī.
- “Islamic Jurisprudence” by Imran Ahsan Khan Nyazee.
- “The Qur’an: A New Translation” by M.A.S. Abdel Haleem.
- “The Spirit of Islamic Law” by Bernard G. Weiss.
Takeaways and Conclusion
The concept of ḥakam reflects the emphasis on justice, wisdom, and reconciliation within Islamic legal and social frameworks. The appointment of just and qualified arbitrators is vital in resolving disputes equitably. Recognizing Al-Ḥakam as one of God’s attributes further underscores the divine dimension of justice and arbitration in Islam.
Understanding the role of a ḥakam not only deepens one’s insight into Islamic law but also highlights the broader ethical and theological principles that guide Muslim life and governance.
