Akademik Veri Yönetim Sistemi
Mutefekkir, cilt.11, sa.21, ss.83-108, 2024 (Scopus)
Nushūz is a term that refers to the spouses’ disregard for marital law and their incompatibility between. The Holy Qur’ān has addressed to the cases of nushūz for men and women separately and recommended some solutions. In Nisāʾ 34, that mentions the nushūz of the wife, the husband is advised to follow a process of admonishing, separating the bed and physical punishment/beating, while in Nisāʾ 128 that mentions the nushūz of the husband, the spouses are advised to make amends. Due to the fact that more details are mentioned regarding the wife’s nushūz, both classical fiqh books and contemporary academic studies generally focus on the wife’s nushūz and do not touch upon the husband’s nushūz upon much. However, there is no difference between male and female nushūz in terms of the threat it poses to the integrity of the family. Due to the difference in nature, they differ from each other in terms of their methods of resolution. This study deals with the definition of nushūz, the behaviors of the husband that are considered nushūz and the solutions to these behaviors. In the study, based on fatwas and jurisprudence, found that the husband’s nushūz usually takes the form of abandonment of responsibility or oppression of the wife; the remedies that are ṣulḥ, ijbār and tafrīq to be applied against these nushūzes are discussed in three stages.