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Extra resources for Arab Law Quarterly
The Qur'an, A-Maidah: verse 3. ' The Melle: Article 1843; see also, Haidar, 'Ali, Durar al-Hukdm, op. , p. 642. Q. 26 2006 TAHKIM (ARBITRATION) IN ISLAMIC LAW opinions concerning appointing only one arbitrator. likis state that it is permissible to appoint only one arbitrator, 5 5 arguing that, although the Qur'an commands the presence of four witnesses for proof of adultery, the Prophet (pbuh) relied on only one witness in one of the cases. " s' This is because, if one arbitrator is appointed, each party may accuse him of siding with the other party, and as a result they would not cooperate with him.
129; al-Khin, Mustafa, op. , vol. 4, p. 108. Q. 32 2006 TAHKIM (ARBITRATION) IN ISLAMIC LAW The procedures of tahkm in relation to the dispute between a husband and wife ends with the issuing of a decision by the arbitrators. This decision can either be reuniting the couple after reconciling their differences,'97 or separating them. '98 This will be further discussed below. "' This is understood from the Qur'anic verse 35 of AlNisa' which translates, 'if they wish for peace Allah will cause their reconciliation'.
If tahkim is restricted to a certain time, the arbitrators are discharged with the lapse of that time. Any judgement passed after that time will not be effective. Regarding the lapse of time, Article 1846 of the Moelle states: If the arbitration is limited as to time it ceases to be of effect after the expiration of such time. Example: An arbitrator appointed to decide a matter within a period of one month as from a certain date, may only decide such matter within that period. He cannot give a decision after the expiration of that month.
Arab Law Quarterly