Can two appointed arbitrators (Hakamayn) proceed with a ruling if one or both spouses are absent after their appointment?

General Chapter

Al-Mughni

Book of the Wedding Feast

Book 37 · Issue 1 · Bab 1

Open in Qurani

Primary text

If the two arbitrators are considered agents (wakilan), they may proceed with their ruling because agency is not invalidated by absence. If they are considered judges (Hukim), they may not finalize the judgment because judgment for an absent party is impermissible, unless the spouses had authorized them as agents, in which case they act based on the agency, not the judicial authority.

Supporting text

If only one spouse is absent and had appointed an agent, the agent is permitted to act on the matters they were authorized for, despite the principal's absence.