Are the two arbitrators required to prove the harm with evidence, or is their conviction of it sufficient? And is it permissible to burden the husband with the dowry, the consolatory gift (mut'a), and the 'idda maintenance if they decide upon separation due to harm without clear evidence?

Scholars have differed regarding the capacity of the two arbiters when discord is feared between spouses: are they agents or judges?

The Hanafis, the more apparent view among the Shafi'is, and the correct view among the Hanbalis, hold that they are agents who do not have the authority to separate the couple except with the consent of both spouses. The Malikis, the opposing view to the more apparent among the Shafi'is, and a narration from Ahmad, state that they are judges who act as they deem beneficial, whether or not the spouses appoint them as agents.

According to the view that they are judges, if they deem separation necessary due to harm, then the harm must be established by شرعًا (legally) recognized evidence. The testimony of a single trustworthy person is sufficient, provided that both arbiters are just and knowledgeable of the rulings concerning nushooz (marital discord/recalcitrance). As for the mahr (dowry), mut'ah (compensatory gift), and 'iddah (waiting period) maintenance, these are incumbent upon the husband if a divorce occurs, and upon the wife what she is obligated to pay if khul' (divorce at wife's instance) is ruled against her.