And if you fear a breach between the two, then appoint judge from his people and a judge from her people; if they both desire agreement, Allah will effect harmony between them, surely Allah is Knowing, Aware.


[Qur'aan 4:35 - Translation Shakir]




Imaam Al-Baghawi mentions in his Tafsir that there is a difference of opinion among the scholars as to if it is permissible to appoint two judges without the approval of both the spouses. He says the most correct opinion is that it is not permissible. The judge of the male spouse does not have the right to initiate divorce without the approval of the male spouse. The judge of the women does not have permission to initiate Khula' without her approval. He says this is the opinion of the Ahl Al-Ra'i school of thought.



The second opinion, which he attributes to Imaam Maalik, is that it is permissible to appoint two judges without the approval of the spouses. And that it is permissible for the judge of the male spouse to initiate divorce without his approval, and it is permissible for the judge of the female spouse to initiate Khula' without her approval when they see that this will lead to harmony.



Reference(s):


Tafsir Al-Baghawi