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They view that the appointment of the arbitrators is based on the consent of the parties. Thus, with the withdrawal of both parties, or either of them, the legal power of the arbitrators will come to an end. Similarly, as in the case of a judge, in which the Imam can dismiss him before the commencement of the judgement, or in the case of an agent who can be dismissed by his principal, the same also into account the proportion of discord from both parties in deciding the amount to be paid to the husband.
343-4. 133See infia, notes 207 and 209. ' Ibn Quddmah, al-Mughnf, op. , vol. 8, p. 170. Q. " 5 The Hanafl' 30 and Z hir Schools'37 and al-Tabari, 3 8 on the other hand, opine that the appointment of a trusted person is not necessary. If one of the couple claims violation by the other, the judge should send the two arbitrators immediately. 3 Voluntary or Mandatogy The majority of jurists, including the dominant opinion of the Shafi'y School, 3 9 and Ridd, 14° are of the opinion that the appointment of arbitrators is obligatory, based on the view that this will prevent violence and enjoin virtues between husband and wife; and these are amongst the responsibilities of qddi (judge).
Q. 32 2006 TAHKIM (ARBITRATION) IN ISLAMIC LAW The procedures of tahkm in relation to the dispute between a husband and wife ends with the issuing of a decision by the arbitrators. This decision can either be reuniting the couple after reconciling their differences,'97 or separating them. '98 This will be further discussed below. "' This is understood from the Qur'anic verse 35 of AlNisa' which translates, 'if they wish for peace Allah will cause their reconciliation'. This, according to some scholars, denotes that failure to reach settlement between the couple indicates the dubious or vicious intention of the arbitrators, or at least the ill-handling of their case.