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,
﴿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.
﴿وَاعْبُدُواْ اللَّهَ
وَلاَ تُشْرِكُواْ بِهِ شَيْئاً وَبِالْوَلِدَيْنِ إِحْسَـناً وَبِذِى الْقُرْبَى وَالْيَتَـمَى
وَالْمَسَـكِينِ وَالْجَارِ ذِى الْقُرْبَى وَالْجَارِ الْجُنُبِ وَالصَّـحِبِ بِالجَنْبِ
وَابْنِ السَّبِيلِ وَمَا مَلَكَتْ أَيْمَـنُكُمْ إِنَّ اللَّهَ لاَ يُحِبُّ مَن كَانَ
مُخْتَالاً فَخُوراً ﴾
(36. Worship Allah and join none with Him in worship, and do good to parents, kinsfolk,
orphans, the poor, the neighbor who is near of kin, the neighbor who is a stranger,
the companion by your side, the wayfarer (you meet), and those (slaves) whom your
right hands possess. Verily, Allah does not like such as are proud and boastful.)
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