Jurisprudential Thematization of Nushuz from the Perspective of Both Islamic Sects

Marital disobedience (nushuz) by either spouse is one of the critical issues in Islamic jurisprudence and is regarded as a major cause of marital discord and the consequent disintegration of the family structure. This article, using a descriptive-analytical method, explores the thematic definition of nushuz from the perspectives of both major Islamic sects and evaluates the viewpoints of jurists concerning the disobedience of either husband or wife. Most jurists have acknowledged the possibility of nushuz for both men and women. The identification and practical instances of nushuz have undergone change and development over time, influenced by Qur’anic verses, Hadiths, and customary interpretation. In the Hadith tradition of Sunni Islam, nushuz by a man is often interpreted as the intention to divorce, while nushuz by a woman is associated with evident immoral conduct, disobedience to her husband, and belittling his rights. Jurists from the four Sunni schools of law have each interpreted nushuz in distinct ways.