Marital disobedience (nushuz) and its rulings

النُّشُوز

Nushuz in the lexicon means rising up, and a wife is said to be nashiz when she disobeys her husband and withholds herself from him. As a term the Hanafis define it as a wife leaving her husband's house without right, and the Malikis, Shafi'is and Hanbalis as a wife leaving the obedience owed to her husband; it may also come from the husband. ¹ ² It is forbidden in the jurists' view. ² ³ The Hanafis distinguish nushuz in marriage, a wife withholding herself and leaving his house, from nushuz during the waiting period, leaving it out of defiance. ⁴ ⁵ The other schools count further forms, such as leaving or travelling without permission, bolting the door, and withholding enjoyment without a reason. ⁵ ⁶ ⁷ Most jurists hold that a nashiz wife loses maintenance and lodging, and that they return when she comes back to obedience, though the details differ. ⁷ ⁸ ⁹ ¹⁰ A wife in nushuz loses her turn in the rotation, and the Shafi'is in the sound view do not give her zakat. ¹¹ The husband may discipline her by admonition, leaving her in bed, and beating that is not severe; the jurists differ on the order of these measures and on whether nushuz must be repeated before beating. ¹¹ ¹² ¹³ ¹⁴ ¹⁵ ¹⁶ ¹⁷ ¹⁸ ¹⁹ ²⁰ The majority hold the husband liable for any loss from lawful discipline. ¹⁸ If there is wrongdoing by either spouse, the judge restrains it; if the dispute grows, he appoints two arbiters, one from each family. The jurists differ on whether they are agents or judges, and on what they may do, such as reconciling, separating or taking payment. ²¹ ²² ²³ ²⁴ ²⁵ ²⁶ ²⁷ ²⁸

Depth

At a glance

Era: The Prophetic Era
Region: Global / Diaspora
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Family, marriage and kinship

Summary

Nushuz in the lexicon means rising up; a wife is said to be nashiz when she disobeys her husband and withholds herself from him. ¹ For the Hanafis it is a wife leaving her husband's house without right; for others it is leaving the obedience owed to the husband, and it may also be attributed to the husband. ¹ ²

General ruling

A wife's nushuz is forbidden in the jurists' view. ² ³ Most jurists hold that a nashiz wife loses maintenance and lodging until she returns to obedience. ⁷ ⁹ The husband may discipline her by admonition, by leaving her in bed and by beating that is not severe, and the jurists differ on the order of these measures. ¹¹ ¹⁴ ²⁰ When the dispute between the spouses grows, the judge appoints two arbiters from their families, and the jurists differ on whether they are agents or judges. ²¹ ²⁴

Where it is discussed

Maintenance, the rotation of nights and discipline are treated under their own headings, and arbitration in dispute is treated in the entries on divorce and khul'. ¹¹ ²²

People and things also explored

Taj Mahal· Abawan (the two parents)· Justice among co-wives· Obstructing a marriage (adl): the guardian and the husband· Fleshy growth in the wife's womb and the right to annul (afal)· Ahl al-Nasab (the kin by descent, and who counts as kin in bequests and endowments)· Akdariyya (a named inheritance case)· Brother (full, paternal and maternal) in law

Sources

al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.15706
al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.15707
al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.15708
al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.15709
al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.15710
al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.15711
al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.15712
al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.15713
al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.15714
al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.15715
al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.15716
al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.15717
al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.15718
al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.15719
al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.15720
al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.15721
al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.15722
al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.15723
al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.15724
al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.15725
al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.15729
al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.15730
al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.15731
al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.15733
al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.15734
al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.15735
al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.15736
al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.15739

Cite this page

islam.museum contributors. “Marital disobedience (nushuz) and its rulings”. islam.museum, https://islam.museum/en/concept/nushuz/. CC BY-SA 4.0. Last updated 2026-10-23.

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