The Nushooz of Man and Its Provisions The Nushooz of Man and Its Provisions

The Nushooz of Man

Abstract

In Islamic family law, the marriage contract is a religious-legal bond formed based on mutual consent and governed by divine legal principles. This bond concerns not only the relationship between two individuals but also plays a critical role in maintaining social order, preserving lineage, and achieving the essential objectives of religion. Upon the establishment of the marriage, mutual rights and obligations arise between spouses. These rights and duties are grounded in the normative principles set forth in the Qur’an and the exemplary conduct of the Prophet, later systematized by Islamic legal schools. Nevertheless, the continuation of marriage under ideal conditions is not always guaranteed. When one party neglects their responsibilities or engages in harmful behavior toward the other, the marital union becomes vulnerable. Within this framework, the concept of nushuz has emerged as a key term to define such situations of conflict, disobedience, or violation of rights within marriage. Classical Islamic jurisprudence typically discusses nushuz in reference to a wife’s disobedience, negligence, or misconduct toward her husband, labeling her as a nashiza. However, verse 128 of the chapter al-Nisa in the Qur’an clearly refers to forms of nushuz attributed to the husband, thereby indicating that the issue cannot be limited to women alone. This verse emphasizes reconciliation when a wife fears mistreatment or emotional distancing (irad) from her husband, revealing that a man can also fall into the category of nashiz. This article systematically addresses the issue of male nushuz by examining relevant Qur’anic verses and supporting texts from a legal, exegetical, and social perspective. The study aims to demonstrate that nushuz is a bilateral problem of ethical and legal responsibility and to identify the behaviors that may constitute male nushuz, along with the protective measures and legal remedies available to the wife. The article first defines the term nushuz both linguistically and conceptually, and then outlines its semantic framework in the Qur’an. It compares the types of nushuz ascribed to men and women, and evaluates the gradual corrective approach presented for women in the Qur’an in terms of its applicability to men. Specific male behaviors such as irad (emotional neglect), mistreatment, failure to provide financial support, and physical or psychological harm are examined as manifestations of nushuz. The study also reviews the historical context of the verses through early exegesis and traditions, especially the reports attributed to Aisha and Ibn Abbas. In light of these interpretations, the courses of action available to a woman in response to her husband's nushuz (misconduct) are explained. During reconciliation, the wife may offer concessions to maintain the marriage, but if resolution fails, she may seek divorce. In this context, the study draws attention to the reinterpretation of certain views in light of cultural dynamics, locality, and present-day family structures. Ultimately, the article underscores that women can also be victims of harm in marriage, not only the source of conflict, and that Islamic law provides mechanisms to protect their rights. The broader commitment of Islamic jurisprudence to fairness and social justice is emphasized. Accordingly, this study offers a comprehensive contribution to the literature by presenting nushuz as a two-sided phenomenon, evaluated within both traditional jurisprudential thought and contemporary concerns.