What are the necessary prerequisites for the appointed arbitrators (Hukām)?
General Chapter
Al-Mughni
Book of the Wedding Feast
Primary text
The arbitrators must be sane, mature, just (Adil), and Muslim. This is required because these are conditions for justice, whether they are viewed as judges or agents operating under judicial supervision. Furthermore, they must be knowledgeable regarding the actions they are authorized to undertake, namely reconciliation or separation, as they are acting in these capacities. It is preferred that they be related to the respective spouses because they are then expected to be more compassionate and knowledgeable of the situation, although appointing non-relatives is permissible as kinship is not a prerequisite for judging or agency.
Supporting text
If the arbitrators are agents, they cannot act until the husband authorizes his agent regarding divorce or settlement, and the wife authorizes hers regarding Khul' or settlement, and they cannot be compelled to accept this mandate. If they are judges, they implement what they deem appropriate regarding divorce or Khul', and their decision is binding whether the spouses consent or not. Furthermore, there is a scholarly difference concerning the requirement of freedom: some hold freedom is required because a slave's testimony is invalid, linking it to the condition of justice, while others argue that if they are agents, freedom is not required as authorizing a slave as an agent is permissible. If they are judges, however, freedom is necessary as a slave cannot be a judge.