First: Definition:
The linguistic meaning of the Arabic word “Nushooz” is obstinacy, abstention, and vanity. However, the term is used in religion to refer to the woman who disobeys her husband in matters that Allah has obliged her to obey her husband in them. The disobedient woman is the haughty woman who does not follow her husband’s orders and turns him down, i.e., the wife who violates her marital duties towards her husband.
Second: The disobedience of the wife
The four Madhabs agree that it is forbidden for the wife to disobey her husband.
Third: How to deal with a disobedient wife
1- Advice
The four Madhabs agree that if the wife disobeys her husband in matters that she is obliged to obey him in them, the husband should advise [313] Remind the wife that Allah has obliged her to be a good companion and kind to her husband, and to acknowledge Allah has given him a rank over her; and to remind her of her duties and that she will be sinful if she does not fulfil her duties and that her disobedience will result in suspending her maintenance, clothing, and so on. and remind her of her duties in a kind and gentle manner.
2- Forsaking
- Rank of forsaking
The four Madhabs agree that forsaking is the second approach to deal with and handle the disobedience of the wife if she fails to heed the advice and reminders to stop her disobedience.
- Forms of forsaking
- Forsaking her in bed
The majority of scholars [314] The Maliki Madhab states that the maximum period for forsaking the wife in bed is one month while the Shafi’i and Hanbali Madhabs do not specify a limit and are of the view that the husband may do it for as long as he sees appropriate. , namely the Maliki., Shafi’i, and Hanbali Madhabs, hold the view that the husband can forsake his disobedient wife in bed. It is also the view of some of the Hanafi scholars and a group of righteous predecessors.
- Stopping talking to her
The husband is permitted to stop talking with his disobedient wife for no more than three days. This is the view of the Shafi’i and Hanbali Madhabs and the view of Ibn Baaz and Ibn ‘Uthaymeen.
3- Hitting the wife and its conditions
- Hitting the wife
The four Madhabs agree that the husband is allowed to resort to hitting the wife as an option if the previous methods fail to achieve the desired result.
- Conditions of hitting
(1) This option is resorted to only if the husband is most likely that hitting her would end her disobedience
The option of hitting the wife as a means to end the disobedience of the wife is allowed only if the husband is almost certain that doing so will achieve the expected results. This is the view of the Maliki and Shafi’i Madhhabs.
(2) Hitting should not be harsh or cause injury
The four Madhabs hold the view that the husband is obliged to ensure that, when resorting to this option after all the previous methods fail, that hitting is not severe [315] It is not severe, and it does not cause harm or pain, and to avoid striking the face and the intimate parts. .
(3) Not to hit her on the face, sensitive or intimate parts
The majority of scholars hold the view that it is not allowed for the husband to hit his wife on the face or in sensitive and intimate parts. This is the view of the Maliki, Shafi’i, and Hanbali Madhabs.
Four: The disobedience of the husband
The four Madhabs [316] The Maliki Madhab is of the view that he must leave her, if the cause of disobedience is his fault, and she did not approve it, except in the case of their reconciliation. agree that if a wife fears that her husband will desert her [317] It means acting superior to her, either because of hatred or distaste for some reasons such as ugliness, aging, or otherwise. or turn away from her [318] It means to avoid looking at her or stop giving that which he used to give her. , and she is concerned that he may leave her, she has the right to relinquish some or all of her rights [319] There is nothing wrong on the husband if he doesn’t prevent her any of her rights or refrain from hitting her, and so on. for the purpose of appeasing him and pursuing him to remain with her.