If you fear a breach between them, appoint one arbiter from the people of the man and one from the people of the woman. If they wish to have a settlement then God will reconcile them, for God is all-knowing and cognisant.
And if you fear a dispute between husband and wife, send an arbitrator from the man’s family and an arbitrator from the woman’s family; if these two wish conciliation, Allah will unite them; indeed Allah is All Knowing, Well Aware.
And if you fear a breach between the two, bring forth an arbiter from his people and from her people an arbiter, if they desire to set things right; God will compose their differences; surely God is All-knowing, All-aware.
And if you have reason to fear that a breach might occur between a [married] couple, appoint an arbiter from among his people and an arbiter from among her people; if they both want to set things aright, God may bring about their reconciliation. Be­hold, God is indeed all-knowing, aware.
And if ye fear a divergence between the twain, set up an arbiter from his household and an arbiter from her household; then if the twain desire rectification Allah shall bring harmony between the twain; verily Allah is ever Knowing, Aware.
If you fear a breach between them twain (the man and his wife), appoint (two) arbitrators, one from his family and the other from her's; if they both wish for peace, Allah will cause their reconciliation. Indeed Allah is Ever All-Knower, Well-Acquainted with all things.
If you fear a breach between the two, appoint an arbiter from his family and an arbiter from her family. If they wish to reconcile, God will bring them together. God is Knowledgeable, Expert.
If you fear a breach between the two, appoint an arbitrator from his people and an arbitrator from her people. If they both want to set things right, Allah will bring about reconciliation between them. Allah knows all, is well aware of everything.
If you fear a breach between the two, appoint (two) arbitrators, one from his family and the other from her's; if they both wish for peace, Allah will cause their reconciliation. Indeed Allah is Ever All-Knower, Well-Acquainted with all things.
And if ye fear a breach between them twain (the man and wife), appoint an arbiter from his folk and an arbiter from her folk. If they desire amendment Allah will make them of one mind. Lo! Allah is ever Knower, Aware.
If you fear a split between the two of them, then appoint an arbiter from his relatives and an arbiter from her relatives. If they desire reconcilement, Allah shall reconcile them. Indeed Allah is all-knowing, all-aware.
If you fear a breach between them send for an arbiter from his people and an arbiter from her people. If both wish reconciliation, Allah will bring success between them. Allah is the Knower, the Aware.
And if you fear dissension between the two, send an arbitrator from his people and an arbitrator from her people. If they both desire reconciliation, Allah will cause it between them. Indeed, Allah is ever Knowing and Acquainted [with all things].
If there appears to be discord between a wife and her husband and if they desire reconciliation choose arbiters from the families of both sides. God will bring them together; God is All-knowing and All-aware.
And if you fear a breach between the two, then appoint judge from his people and a judge from her people; if they both desire agreement, Allah will effect harmony between them, surely Allah is Knowing, Aware.
Wain khiftum shiq<u>a</u>qa baynihim<u>a</u> fa<b>i</b>bAAathoo <u>h</u>akaman min ahlihi wa<u>h</u>akaman min ahlih<u>a</u> in yureed<u>a</u> i<u>s</u>l<u>ah</u>an yuwaffiqi All<u>a</u>hu baynahum<u>a</u> inna All<u>a</u>ha k<u>a</u>na AAaleeman khabeer<u>a</u><b>n</b>
If you fear any breach between a man and his wife, appoint one arbiter from his family and one arbiter from her family. If they both want to set things right, God will bring about a reconciliation between them: He is all knowing and all aware.
If ye fear a breach between them twain, appoint (two) arbiters, one from his family, and the other from hers; if they wish for peace, Allah will cause their reconciliation: For Allah hath full knowledge, and is acquainted with all things.
وَإِنْ خِفْتُمْ شِقَاقَ بَيْنِهِمَا فَٱبْعَثُوا۟ حَكَمًا مِّنْ أَهْلِهِۦ وَحَكَمًا مِّنْ أَهْلِهَآ إِن يُرِيدَآ إِصْلَٰحًا يُوَفِّقِ ٱللَّهُ بَيْنَهُمَآ إِنَّ ٱللَّهَ كَانَ عَلِيمًا خَبِيرًا
If you fear that a disagreement between the two of them is leading to aggression and incompatibility, then send a just man from the family of the husband, and a just man from the family of the wife to judge what the benefits of them separating or staying together might be. Staying together is preferable and better. If the two judges want this, using the best methods to get them back together, then Allah will make them come to an understanding, and the argument between them will be resolved. Allah is Knowing. Nothing about His creatures is hidden from Him, and He is Aware of what they hide in their hearts.
If you fear that a disagreement between the two of them is leading to aggression and incompatibility, then send a just man from the family of the husband, and a just man from the family of the wife to judge what the benefits of them separating or staying together might be. Staying together is preferable and better. If the two judges want this, using the best methods to get them back together, then Allah will make them come to an understanding, and the argument between them will be resolved. Allah is Knowing. Nothing about His creatures is hidden from Him, and He is Aware of what they hide in their hearts.
<p>It is to block the road to this terrible discord that, in the second verse, the Holy Qur'an addresses government authorities of the time, the guardians of the parties concerned and their supporters, and the general body of Muslims, and suggests a decent method which would cool down tempers, shut out avenues of accusations and make a compromise between the affected parties possible, so that the dispute which, no doubt, could not remain restricted to the couple's home, would at least be settled within their families and not go to a court of law to become public knowledge.</p><p>This particular method requires that concerned officials of the government or the guardians of the parties or a body of Muslims which has the necessary integrity, influence and authority should take charge and appoint two arbitrators to hep bring about a compromise between the parties concerned - taking one arbitrator from the man's family and the other from that of the woman. At both these places, the Holy Qur'an has used the word, "hakam" for these appointees whereby it pin-points the necessary qualifications of these two persons, that is, they should have the capability to decide the dispute between the two. parties; and this capability, as obvious, will be found in a person who is both knowledgeable and trustworthy.</p><p>In short, the rule that emerges from here is that a "hakam" or arbitrator from the man's family and another from that of the woman should be appointed and sent to the husband and wife. Now, as for what they are going to do when they meet them and as to what rights they have in this matter - this the Holy Qur'an does not determine. However, it does add a remark at the end: إِن يُرِ‌يدَا إِصْلَاحًا يُوَفِّقِ اللَّـهُ بَيْنَهُمَا which means: If these two arbitrators desire to set things right, Allah Almighty will help them bring about harmony between the husband and the wife. So, two things emerge from this sentence:</p><p>1. If both arbitrators have good intentions and genuinely wish to bring about peace between the dissenting couple, there will be unseen help from Allah Almighty and they shall succeed in their mission, and it will be through their efforts that Allah Almighty will create love and harmony in the hearts of the couple. This leads to the conclusion that, in cases where mutual rapport is not restored, it may be because one of the arbitrators lacks perfect sincerity while pursuing the goal of peace-making.</p><p>2. The purpose of appointing these two arbitrators, as also under-stood from this sentence, is to bring about peace and amity between the husband and the wife and does not include anything beyond that. However, it would be something else if the parties affected by the mutual dispute agree to appoint these two arbitrators as their repre-sentatives and their attorneys in all respects in which case they would be admitting that any decision given by the two arbitrators jointly will be acceptable to and binding on both of them. Under this situation, the two arbitrators shall have absolute authority to decide their case. If both agree on divorce as the solution, they can effect a divorce. If they both decide that the women should be released under khul , a form of dissolution of marriage, the khul' shall come into effect, and their decision shall be binding on the parties. From among the pious elders, this is the position held by Hasan al-Basri and Imam Abu Hanifah. (Ruh ai-Ma ani, etc.)</p><p>Cited in this connection is an incident which occurred in the presence of Sayyidna ` Ali ؓ . There too, one finds the proof that the two arbitrators referred to above do not have any intrinsic right other than that of making peace between the husband and wife - unless, of course, the parties concerned authorize them fully to decide as they deem fit. This incident, as narrated by ` Ubaidah al-Salmani, appears in the Sunnan of al-Baihaqi and is being reported below.</p><p>A man and a woman came to Sayyidna ` Ali کَرَّمَ اللہ وجھہ along with groups of people accompanying both. Sayyidna ` Ali کَرَّمَ اللہ وجھہ asked them to appoint an arbitrator, one from the man's family and another from the woman's. When arbitrators were appointed, he addressed them both: 'Do you know your responsibility? Do you know what you have to do? Hear me. If both of you agree to keep the husband and wife together and make peace between them, then do it. And if you come to the conclusion that matters cannot be set right between them or that they will not stay right later on, and both of you concur with the option that a separation between them is the expedient course, then do it.' When the woman heard this, she said: 'I accept this. Let these two arbitrators act in accordance with Divine law and I shall accept any decision they give whether it meets my wishes or goes against.' But, the husband said: 'Separation and divorce are things I am not going to accept under any condition. However, I authorize the arbitrators to ask me to pay whatever financial penalty they impose and let my wife return to me in peace.' Sayyidna ALI کَرَّمَ اللہ وجھہ said: 'No. You too should authorize the arbitrators in the same manner as was done by the woman.'</p><p>From this incident, some mujtahid Imams deduced the principle that these arbitrators have an inherent authority to divorce as was done by Sayyidna ` Ali کَرَّمَ اللہ وجھہ who asked the parties concerned to do that, while the great Imam Abu Hanifah and Hasan al-Basri رحمۃ اللہ علیہما have taken the position that, had it been an inherent power of the arbitrators to divorce there was no need for Sayyidna ` Ali کَرَّمَ اللہ وجھہ to obtain the authorization from the parties concerned. Here, the very effort to seek the agreement of the parties is a proof of the fact that these arbitrators do not have such an inherent power. Nevertheless, they do become authorized if the husband and wife delegate the necessary authority to them.</p><p>This teaching of the Holy Qur'an opens a new outlet of resolving mutual disputes, something which saves people from the botheration of going to courts and government officials and gives them an opportunity to iron out a good deal of their disputes and claims through family-oriented arbitration.</p><p>Arbitration in other disputes as well</p><p>Muslim jurists say that the appointment of two arbitrators to make peace between two parties in dispute, is not limited to the disputes between a husband and a wife. It can be profitably used in other areas of discord. In fact, it should be so used, specially when the parties involved are related to each other, because a court decision is a short-term solution of the basic problem. at happens after is that such decisions leave the germs of hatred and hostility in the hearts of those affected and which reapear after a passage of time in forms that are much too unpleasant. Sayyidna ` Umar, may Allah be pleased with him, had promulgated an order for his judges which said:</p><p>رُدُّوا القضاءَ بَین ذَوِی الاَرحَامِ حَتَّی یصطَلِحُوا فَاِنَّ فصلَ القَضَاءِ یُورِثُ الضَّغَأینَ (معین الحکام، ص 214)</p><p>"Send disputes between relatives back to them so that they make peace with the help of each other, as a court decision breeds heart burnings and hostility.</p><p>Although this Faruqi directive concerns disputes rising in between relatives, yet, the reason given in this directive (that is, court decisions tend to create hatred and hostility in hearts) is a reason which covers not only the relatives but non-relatives as well. Wisdom lies in saving all Muslims from mutual hatred and hostility. Therefore, the Muslim jurists are of the view that it is appropriate for officials and judges that they, before hearing the cases formally, should make an. effort to find a way out whereby the disputing parties get together and agree on mutual conciliation. (See al-Tarablusi, Mu` in al-hukkam p.214 and also Ibn al-Shahnah: Lisn al-hukkam).</p><p>Though brief, yet these two verses present a comprehensive system of family life which, if put into practice, could help eliminate a lot of disputes, hatreds and hostilities from the world. Men and women would live in peace among their families, secure against all those local dissensions which turn into all sorts of tribal, racial, national, even, international feuds.</p><p>In the end, let us recapitulate the great Qur'anic mechanism of how to quash family feuds - a virtual gift to the whole world:</p><p>1.	Resolve family disputes within the house using one method after the other.</p><p>2.	When this is not possible, government officials or the kinsfolk make peace between the disputing parties through two arbitrators, so that, the dispute does not go out of the larger family circle, even if it goes out of the house itself.</p><p>3.	When this too is not possible and the matter goes to the court finally, it is the duty of the judicial authority to investigate into the case background of both parties and come up with a decision which is just.</p><p>It may be noted that by saying إِنَّ اللَّـهَ كَانَ عَلِيمًا خَبِيرً‌ا (Surely, Allah is All-Knowing, All-Aware) warning has been given to the two arbitrators as well to the effect that they should keep in mind that no injustice or crookedness from them will go unnoticed for they shall be appearing before the Being who knows all and is aware of everything.</p>
It is to block the road to this terrible discord that, in the second verse, the Holy Qur'an addresses government authorities of the time, the guardians of the parties concerned and their supporters, and the general body of Muslims, and suggests a decent method which would cool down tempers, shut out avenues of accusations and make a compromise between the affected parties possible, so that the dispute which, no doubt, could not remain restricted to the couple's home, would at least be settled within their families and not go to a court of law to become public knowledge.This particular method requires that concerned officials of the government or the guardians of the parties or a body of Muslims which has the necessary integrity, influence and authority should take charge and appoint two arbitrators to hep bring about a compromise between the parties concerned - taking one arbitrator from the man's family and the other from that of the woman. At both these places, the Holy Qur'an has used the word, "hakam" for these appointees whereby it pin-points the necessary qualifications of these two persons, that is, they should have the capability to decide the dispute between the two. parties; and this capability, as obvious, will be found in a person who is both knowledgeable and trustworthy.In short, the rule that emerges from here is that a "hakam" or arbitrator from the man's family and another from that of the woman should be appointed and sent to the husband and wife. Now, as for what they are going to do when they meet them and as to what rights they have in this matter - this the Holy Qur'an does not determine. However, it does add a remark at the end: إِن يُرِ‌يدَا إِصْلَاحًا يُوَفِّقِ اللَّـهُ بَيْنَهُمَا which means: If these two arbitrators desire to set things right, Allah Almighty will help them bring about harmony between the husband and the wife. So, two things emerge from this sentence:1. If both arbitrators have good intentions and genuinely wish to bring about peace between the dissenting couple, there will be unseen help from Allah Almighty and they shall succeed in their mission, and it will be through their efforts that Allah Almighty will create love and harmony in the hearts of the couple. This leads to the conclusion that, in cases where mutual rapport is not restored, it may be because one of the arbitrators lacks perfect sincerity while pursuing the goal of peace-making.2. The purpose of appointing these two arbitrators, as also under-stood from this sentence, is to bring about peace and amity between the husband and the wife and does not include anything beyond that. However, it would be something else if the parties affected by the mutual dispute agree to appoint these two arbitrators as their repre-sentatives and their attorneys in all respects in which case they would be admitting that any decision given by the two arbitrators jointly will be acceptable to and binding on both of them. Under this situation, the two arbitrators shall have absolute authority to decide their case. If both agree on divorce as the solution, they can effect a divorce. If they both decide that the women should be released under khul , a form of dissolution of marriage, the khul' shall come into effect, and their decision shall be binding on the parties. From among the pious elders, this is the position held by Hasan al-Basri and Imam Abu Hanifah. (Ruh ai-Ma ani, etc.)Cited in this connection is an incident which occurred in the presence of Sayyidna ` Ali ؓ . There too, one finds the proof that the two arbitrators referred to above do not have any intrinsic right other than that of making peace between the husband and wife - unless, of course, the parties concerned authorize them fully to decide as they deem fit. This incident, as narrated by ` Ubaidah al-Salmani, appears in the Sunnan of al-Baihaqi and is being reported below.A man and a woman came to Sayyidna ` Ali کَرَّمَ اللہ وجھہ along with groups of people accompanying both. Sayyidna ` Ali کَرَّمَ اللہ وجھہ asked them to appoint an arbitrator, one from the man's family and another from the woman's. When arbitrators were appointed, he addressed them both: 'Do you know your responsibility? Do you know what you have to do? Hear me. If both of you agree to keep the husband and wife together and make peace between them, then do it. And if you come to the conclusion that matters cannot be set right between them or that they will not stay right later on, and both of you concur with the option that a separation between them is the expedient course, then do it.' When the woman heard this, she said: 'I accept this. Let these two arbitrators act in accordance with Divine law and I shall accept any decision they give whether it meets my wishes or goes against.' But, the husband said: 'Separation and divorce are things I am not going to accept under any condition. However, I authorize the arbitrators to ask me to pay whatever financial penalty they impose and let my wife return to me in peace.' Sayyidna ALI کَرَّمَ اللہ وجھہ said: 'No. You too should authorize the arbitrators in the same manner as was done by the woman.'From this incident, some mujtahid Imams deduced the principle that these arbitrators have an inherent authority to divorce as was done by Sayyidna ` Ali کَرَّمَ اللہ وجھہ who asked the parties concerned to do that, while the great Imam Abu Hanifah and Hasan al-Basri رحمۃ اللہ علیہما have taken the position that, had it been an inherent power of the arbitrators to divorce there was no need for Sayyidna ` Ali کَرَّمَ اللہ وجھہ to obtain the authorization from the parties concerned. Here, the very effort to seek the agreement of the parties is a proof of the fact that these arbitrators do not have such an inherent power. Nevertheless, they do become authorized if the husband and wife delegate the necessary authority to them.This teaching of the Holy Qur'an opens a new outlet of resolving mutual disputes, something which saves people from the botheration of going to courts and government officials and gives them an opportunity to iron out a good deal of their disputes and claims through family-oriented arbitration.Arbitration in other disputes as wellMuslim jurists say that the appointment of two arbitrators to make peace between two parties in dispute, is not limited to the disputes between a husband and a wife. It can be profitably used in other areas of discord. In fact, it should be so used, specially when the parties involved are related to each other, because a court decision is a short-term solution of the basic problem. at happens after is that such decisions leave the germs of hatred and hostility in the hearts of those affected and which reapear after a passage of time in forms that are much too unpleasant. Sayyidna ` Umar, may Allah be pleased with him, had promulgated an order for his judges which said:رُدُّوا القضاءَ بَین ذَوِی الاَرحَامِ حَتَّی یصطَلِحُوا فَاِنَّ فصلَ القَضَاءِ یُورِثُ الضَّغَأینَ (معین الحکام، ص 214)"Send disputes between relatives back to them so that they make peace with the help of each other, as a court decision breeds heart burnings and hostility.Although this Faruqi directive concerns disputes rising in between relatives, yet, the reason given in this directive (that is, court decisions tend to create hatred and hostility in hearts) is a reason which covers not only the relatives but non-relatives as well. Wisdom lies in saving all Muslims from mutual hatred and hostility. Therefore, the Muslim jurists are of the view that it is appropriate for officials and judges that they, before hearing the cases formally, should make an. effort to find a way out whereby the disputing parties get together and agree on mutual conciliation. (See al-Tarablusi, Mu` in al-hukkam p.214 and also Ibn al-Shahnah: Lisn al-hukkam).Though brief, yet these two verses present a comprehensive system of family life which, if put into practice, could help eliminate a lot of disputes, hatreds and hostilities from the world. Men and women would live in peace among their families, secure against all those local dissensions which turn into all sorts of tribal, racial, national, even, international feuds.In the end, let us recapitulate the great Qur'anic mechanism of how to quash family feuds - a virtual gift to the whole world:1.	Resolve family disputes within the house using one method after the other.2.	When this is not possible, government officials or the kinsfolk make peace between the disputing parties through two arbitrators, so that, the dispute does not go out of the larger family circle, even if it goes out of the house itself.3.	When this too is not possible and the matter goes to the court finally, it is the duty of the judicial authority to investigate into the case background of both parties and come up with a decision which is just.It may be noted that by saying إِنَّ اللَّـهَ كَانَ عَلِيمًا خَبِيرً‌ا (Surely, Allah is All-Knowing, All-Aware) warning has been given to the two arbitrators as well to the effect that they should keep in mind that no injustice or crookedness from them will go unnoticed for they shall be appearing before the Being who knows all and is aware of everything.
<h2 class="title">Appointing Two Arbitrators When the Possibility of Estrangement Between Husband and Wife Occurs</h2><p>Allah first mentioned the case of rebellion on the part of the wife. He then mentioned the case of estrangement and alienation between the two spouses. Allah said,</p><div class="text_uthmani arabic">وَإِنْ خِفْتُمْ شِقَاقَ بَيْنِهِمَا فَابْعَثُواْ حَكَماً مِّنْ أَهْلِهِ وَحَكَماً مِّنْ أَهْلِهَآ</div><p>(If you fear a breach between the two, appoint (two) arbitrators, one from his family). The Fuqaha' (scholars of Fiqh) say that when estrangement occurs between the husband and wife, the judge refers them to a trusted person who examines their case in order to stop any wrongs commited between them. If the matter continues or worsens, the judge sends a trustworthy person from the woman's family and a trustworthy person from the man's family to meet with them and examine their case to determine whether it is best for them to part or to remain together. Allah gives preference to staying together, and this is why Allah said,</p><div class="text_uthmani arabic">إِن يُرِيدَآ إِصْلَـحاً يُوَفِّقِ اللَّهُ بَيْنَهُمَآ</div><p>(if they both wish for peace, Allah will cause their reconciliation.) `Ali bin Abi Talhah reported that Ibn `Abbas said, "Allah commands that a righteous man from the husband's side of the family and the wife's side of the family are appointed, so that they find out who among the spouses is in the wrong. If the man is in the wrong, they prevent him from his wife, and he pays some restitution. If the wife is in the wrong, she remains with her husband, and he does not pay any restitution. If the arbitrators decide that the marriage should remain intact or be dissolved, then their decision is upheld. If they decide that the marriage remains intact, but one of the spouses disagrees while the other agrees, and one of them dies, then the one who agreed inherits from the other, while the spouse who did not agree does not inherit from the spouse who agreed." This was collected by Ibn Abi Hatim and Ibn Jarir. Shaykh Abu `Umar bin `Abdul-Barr said, "The scholars agree that when the two arbitrators disagree, then the opinion that dissolves the marriage will not be adopted. They also agree that the decision of the arbitrators is binding, even if the two spouses did not appoint them as agents. This is the case if it is decided that they should stay together, but they disagree whether it is binding or not when they decide for separation." Then he mentioned that the majority holds the view that the decision is still binding, even if they did not appoint them to make any decision.</p>
Appointing Two Arbitrators When the Possibility of Estrangement Between Husband and Wife OccursAllah first mentioned the case of rebellion on the part of the wife. He then mentioned the case of estrangement and alienation between the two spouses. Allah said,وَإِنْ خِفْتُمْ شِقَاقَ بَيْنِهِمَا فَابْعَثُواْ حَكَماً مِّنْ أَهْلِهِ وَحَكَماً مِّنْ أَهْلِهَآ(If you fear a breach between the two, appoint (two) arbitrators, one from his family). The Fuqaha' (scholars of Fiqh) say that when estrangement occurs between the husband and wife, the judge refers them to a trusted person who examines their case in order to stop any wrongs commited between them. If the matter continues or worsens, the judge sends a trustworthy person from the woman's family and a trustworthy person from the man's family to meet with them and examine their case to determine whether it is best for them to part or to remain together. Allah gives preference to staying together, and this is why Allah said,إِن يُرِيدَآ إِصْلَـحاً يُوَفِّقِ اللَّهُ بَيْنَهُمَآ(if they both wish for peace, Allah will cause their reconciliation.) `Ali bin Abi Talhah reported that Ibn `Abbas said, "Allah commands that a righteous man from the husband's side of the family and the wife's side of the family are appointed, so that they find out who among the spouses is in the wrong. If the man is in the wrong, they prevent him from his wife, and he pays some restitution. If the wife is in the wrong, she remains with her husband, and he does not pay any restitution. If the arbitrators decide that the marriage should remain intact or be dissolved, then their decision is upheld. If they decide that the marriage remains intact, but one of the spouses disagrees while the other agrees, and one of them dies, then the one who agreed inherits from the other, while the spouse who did not agree does not inherit from the spouse who agreed." This was collected by Ibn Abi Hatim and Ibn Jarir. Shaykh Abu `Umar bin `Abdul-Barr said, "The scholars agree that when the two arbitrators disagree, then the opinion that dissolves the marriage will not be adopted. They also agree that the decision of the arbitrators is binding, even if the two spouses did not appoint them as agents. This is the case if it is decided that they should stay together, but they disagree whether it is binding or not when they decide for separation." Then he mentioned that the majority holds the view that the decision is still binding, even if they did not appoint them to make any decision.