The Nature of Arbitration (in Family Claims) in the Verse 35 of the Chapter al-Nisa

Usually some disagreements may emerge in the relations between spouses which may result in divorce. The Holy Quran has called these disagreements “shiqaq” (breakdown) and recommended to specify two arbitrators, one by wife and one by husband, to settle the disagreement. Concerning the nature of arbitration, some juridical opinions have been put forth; most eminent jurists have deemed it as “tahkim” (arbitration), and some others have considered it as “tawkil” (power of attorney). While studying and assessing the two above opinions, the author of the present article puts forth a third opinion called “expertise”.