al-Nushuz bayn al-Zawjayn
- Author died
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- Editions
- Islamic University of Madinah
al-Nushuz bayn al-Zawjayn (Marital Discord Between Spouses) is a contemporary treatise on Islamic jurisprudence by Aid al-Harbi, dedicated to examining the concept, causes, and legal resolutions of marital discord (nushuz) involving both husbands and wives.
Scope and Content
In the introduction, the author emphasizes that marital life is meant to be established upon piety, mutual rights, and good companionship, whereas nushuz arises when a spouse acts haughtily, abandons required obedience, or falls short in fulfilling marital obligations. The work defines nushuz both linguistically and jurisprudentially, clarifying that it can originate from the husband as well as the wife. The author distinguishes nushuz from iʿrāḍ (turning away), noting that nushuz is broader because it encompasses any form of ill-treatment between the spouses, whereas iʿrāḍ applies specifically to the husband withdrawing his personal attention, presence, or financial support.
The treatise classifies marital discord into three distinct manifestations:
- Discord from the wife: exemplified by shouting at the husband, harsh speech, insolence, demanding divorce, frowning, withholding intimacy, leaving the home without permission, betrayal, or neglecting obligatory religious duties.
- Discord from the husband: characterized by cutting off communication, using abusive language, neglecting intimacy, commanding sinful acts, physical abuse, or denying obligatory maintenance (nafaqah).
- Mutual discord: marked by reciprocal hatred, desertion, or physical conflict between both spouses.
In a dedicated chapter on the roots of marital discord (Asbāb al-Nushūz), the author divides its causes into four main categories: factors stemming from the wife, factors stemming from the husband, influences from the wife’s guardian and relatives, and other external factors.
Legal Remedies and Conclusions
When discord is mutual, the work outlines the procedural steps taken by a judge or ruler, beginning with admonition and spiritual reminders. If that fails, the couple may be placed near righteous observers who can monitor their situation closely; if reconciliation remains unattainable, the court appoints two arbitrators—ideally from the respective families of the husband and wife—to resolve the dispute. The author details the scriptural proofs, qualifications, and mandate of the arbitrators, including their authority to effect a separation through khulʿ, talaq, or judicial annulment (faskh) should reconciliation fail.
The book also addresses the prohibition of ʿaḍl (wrongfully constraining or mistreating a recalcitrant wife), establishing through Quranic, prophetic, and rational arguments that such conduct constitutes an unlawful injustice. The treatise concludes with a summary of its findings formulated across eleven points.
Reception
In his analytical bibliography Dalīl Maktabat al-Marʾah al-Muslimah, Ahmad ibn Abd al-Aziz al-Hamdan commended the book as a valuable guide for resolving domestic disputes, noting that its structured presentation and accessible legal discussion make it suitable for general readership, sermons, and lectures on family stability.
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