Author(s): Rifat USLU

Although there are different marriage understandings according to different nations in different times, “Nushuz” is a decretal that dates back to the time of Adam and will go on to the doomsday. The aim of marriage according to Islam is to provide peace and welfare for the family and bring up good and benevolent descendants for the society. A marriage contract conducted in conformity with established usages provides both sides with some rights and encumbers them. The responsibility of the husband to his wife can be summed up with mahr, maintenance, and good behaviour to his wife. The responsibility of the wife to her husband can be summed up with loyalty, obedience in the legitimised occasions, staying with her husband, and taking great pains with preserving the household goods. Violation of marital duties on the part of either husband or wife is referred to in the Holly Quran as “nushuz.” In the related verse handled in this paper, three cautions are mentioned: advice, separating the bad, and hitting. There is no problem with the first two items, but the third is a subject of controversy nowadays. In this paper, the problem was explained with regard to Islamic jurisprudence.


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