The two arbitrators must meet the following conditions:
The two arbitrators have a very important role to play, a noble purpose and a great responsibility. They will frequently become the target of enmity from one or both of the spouses and they should be willing to face that for Allah's sake. To attempt to bring about reconciliation and harmony where there is misunderstanding, oppression and/or strife is one of the best good deeds. Allah said:
{Laa khaira fiy katheerain min najwaahum illa man amara bi sadaqatin au ma'roofin au islaahin baina an-naasi wa man yaf'alu dhaalika ibtighaa'a mardhaata Allahi fa saufa nu'teehi ajran 'adheeman.}
{There is no good in most of their secret talks except for one who orders charity, good deeds or reconciliation between people. And whoever dos that seeking Allah's pleasure we shall give him a great reward.} An-Nisaa:114
It is a must upon the two arbitrators that they spare no effort in trying to bring about reconciliation and harmony between the spouses. Failing that, they also have the authority to separate the spouses according to the strongest opinion among the scholars. In a case where there seems to be no hope of bringing the two back together in a harmonious marriage, then the only solution may be to free the spouses from one another by separation. Otherwise, the situation amy just get worse and bring about even greater harm. Allah ordered the husband to:
{At-talaaqu marrataini fa imsaakun bi ma'roofin au tasreehun bi ihsaanin...}
{Divorce is two times then retaining on reasonable terms or releasing with kindness...} Al-Baqarah:229
{Wa in yatafarraqaa yughni Allahu kullan min sa'atihi wa kaana Allahu waasi'an hakeeman..."
{And if they separate, Allah will fulfill their needs from His generosity and Allah is Generous, Wise...} An-Nisaa:130
Terminating the marriage contract is done through one of three ways: 1) dissolution of the contract by the ruler or judge, 2) khula' and 3) divorce. If reconciliation cannot be achieved, then the arbitrators may separate the two through khula' where the woman returns part or all of her dowry if the woman cannot abide by the marriage and the man is unwilling to divorce her unilaterally. If they determine that the problem is from both sides and the differences are irreconcilable thay can institute a divorce - according to many of the scholars - even if the couple or one of them did not request the divorce.
There is a difference of opinion among the scholars concerning whether or not the arbitrators have the right to separate the couple and bring and end ot the marriage. This difference revolves around the following points:
The strongest of these opinions is that the arbitrators are like judges and DO have the authority to separate between the spouses with or without their consent. Ibn Al-Qayyim said about this:
"It is the most amazing thing to say that they are simply agents and not arbitrators or judges. Allah has given them the position of arbitrators or jujdges. This role has been given to other than the spouses. If they were both simply agents or trustees (wakeel) working on behalf of the spouses, the verse would read, "And appoint a trustee from his family and a trustee form her family." Furthermore, if they were to be simply agents or trustees, they would not need to be from the respective families. In addition, the judgement has been put in their hands. Allah said, "If they both wish for peace, Allah will cause a reconciliation" however, agents or trustees have no independent will of their own, they only fulfill what their superior has desired. Moreover, the agent (wakeel) is never called a judge or arbitrator (hakam) in the language of the Qur'an, the language of the law or in common speech. Finally, the arbitrator has the authority to decide a matter and that decision must be implemented. However, neither is true for a wakeel..."
Some of the scholars state that if the ruler or his deputy appoints two arbitrators then they have no role except to study which of the two parties is in the wrong, to advise them and to attempt to bring about reconciliation. If no reconciliation is reached, then the matter is taken up to the ruler or his deputy. This leaves this issue open to three possible opinions:
The strongest opinion is that the arbitrators are like judges and not simply agents or trustees. They have the authority to separate the couple in the same way that they have the authority to make them come back together.