The Unitarians considered the Almighty's saying, 'Divorce is twice,' to be a training procedure for a nascent society being prepared, until it reaches the practice of freedom with a full level of responsibility. An irrevocable and final divorce can be reached by following the detailed verses contained in Surah An-Nisa, for the Almighty said: 'Men are the protectors and maintainers of women because Allah has given the one more strength than the other, and because they support them from their means. Therefore the righteous women are devoutly obedient, and guard in the husband's absence what Allah would have them guard. As to those women on whose part ye fear disloyalty and ill-conduct, admonish them, refuse to share their beds, and beat them (lightly); but if they return to obedience, seek not against them means of annoyance: for Allah is Most High, Great (above you all).' [An-Nisa 34].
The Almighty said in His Holy Book: 'As to those women on whose part ye fear disloyalty and ill-conduct, admonish them.' He began with admonition, which is a method of kindness and gentleness. If admonition does not succeed, then 'refuse to share their beds,' which is a clear warning to distance oneself. If distancing does not work, it moves to the harsher method, which is rough and not requested except when the methods of admonition, rebuke, and distancing have been exhausted: 'and beat them (lightly); but if they return to obedience, seek not against them means of annoyance.' This is the end of what can be done within the family through the husband's management if the wife is disloyal.
If domestic family management does not succeed in resolving the dispute, the matter moves out of the family circle to the intervention of two arbiters, one from his family and one from hers, to reach a firm solution that leaves no room for tampering with the sanctity of marriage, the prestige of legislation, or human dignity. 'If ye fear a breach between them twain, appoint (two) arbiters, one from his family, and the other from hers; if they wish for peace, Allah will cause their reconciliation: for Allah hath full knowledge, and is acquainted with all things.' [An-Nisa 35].
It is mentioned in Ibn Kathir's interpretation regarding the jurists' view: That a long conflict between spouses and the exacerbation of the matter requires the judge to send a trusted person from his family and a trusted person from her family to meet and look into their matter, and to do what is in the interest of reconciliation or separation as they see fit.
Of course, the benevolent effort of the two arbiters—under the supervision of the Sharia judge—will be persistent, serious, and sincere in reconciling and restoring marital life to its proper course.
The Almighty's saying, 'If they wish for peace,' means if the two arbiters wish for peace, 'Allah will cause their reconciliation,' meaning between the spouses, by returning to affection and good companionship.
If we know that it is assumed that the will of the two arbiters should be reconciliation, the condition of the will carries a precise indication that the inability of the arbiters to reconcile the spouses does not contradict their will for reconciliation, but rather confirms that if there were any room for reconciliation with the arbiters' effort, Allah would have reconciled the spouses; otherwise, what would be the meaning of the divine certainty 'if they wish for peace, Allah will cause their reconciliation'? However, the persistence of the causes of the dispute, which began with the wife's disloyalty until it reached the intervention of the arbiters, and the fate of the case being in their custody while taking the opinion of the spouses and under the care of the Sharia judge, led the scholars of Tawhid (Unitarianism) to conclude the irrevocable, final divorce before the authorized Sharia authority in charge of the affairs of the Unitarians.
This is after observing all stages of gradualism in dealing with the marital dispute until it reaches a judgment of inability to reconcile, despite the will for peace and giving sufficient time to make a decisive decision.
If the decisive decision is made, there is no longer any benefit in returning that would protect marital life, and the reversal by the husband for any reason makes life's affairs trivial and a game, and does not build a sound family that would be the nucleus of a virtuous society.
The Personal Status Law of the Druze sect included in Articles (47 – 48 – 49) the following:
Article 47: If a dispute or rift occurs between the spouses and one of them refers to the judge, the judge shall appoint an arbiter from the husband's family and an arbiter from the wife's family. If there is no one among their families who possesses the qualities of an arbiter, the judge shall choose an arbiter from outside their families.
Article 48: The two arbiters shall identify the causes of the rift between the spouses and strive to reconcile them. If reconciliation between them is not possible and the shortcoming and insistence are on the part of the husband, the judge shall separate them and award the wife the full deferred dowry or part of it. If it is on the part of the wife, the judge shall rule to forfeit the deferred dowry, in whole or in part. The judge may, in both cases, rule against the spouse who is at fault for the damages and losses the other is entitled to.
Article 49: If it appears to the judge that the divorce is not justified by a Sharia reason, he shall award the wife damages and losses in addition to the deferred dowry, provided that moral and material damage is taken into account.
