Kuwait-University-Journal-of-Law-header
Search
Journal of Law

Previous Issues

Advance Search
Year : From To Vol
Issue Discipline:
Author

Volume :14 Issue : 37 1999      Add To Cart                                                                    Download

The Proplems of “Nushoz”, Breach and divorce In the Light of Al-Quran

Auther : Prof: Mahmoud Al-Dhawadi

 

The Proplems of “Nushoz”, Breach and divorce In the Light of Al-Quran

 

Prof: Mahmoud Al-Dhawadi

There is consensus in the social science literature on the fact that family is first nucleus in building societies, and that the foundation of family is marriage through which it starts and grows. Marriage therefore should receive the same level of care dedicated to family.

Islam has assigned marriage and family a remarkable status as basic frames for human urbanization. It has considered marriage a necessity for human society. Allah has reminded His servants of the grace of marriage: “And among His signs is this, that He created for you mates from among yourselves, that ye may dwell in tranquility with them, and He has put love and mercy between your (hearts):verily in that are signs for those who reflect.” (30:21)

That wise gift of Allah for building family helps the society to have a calm and stable life.

As a sign of its deep concern with the safety of family, Islam has provided elaborate system of legislation and directions to protect it, starting from the initial step of spouse selection up to the final phase of death or divorce.

To achieve these objectives, Islam has decided equality between men and women in human rights, divine penalties, legislation and obligations. Any additional merit for man is due to differences in creation.

The responsibility of financial provision and the decision of terminating the marriage life were assigned to man being he is generally more qualified to manage both of them well, particularly in the critical situations.

In cases of “Nushouz” (disloyalty and ill-conduct), Islam has treated them in the best way by making reconciliation the main frame of solution through gradual suitable steps: admonition, deserting in bed, and (light symbolic) beating.

Each of these methods of treatment has its effect in solution. The third one (beating) comes last, and is meant to be psychological rather than physical one.

As for case of man’s “Nushouz”, Islam treated it in a different way more

Suitable to man’s nature and role in the family. “If a wife fears cruelty or desertion on her husband’s part, there no blame on them if they arrange an amicable men’s soul are swayed by greed. But if you do good and practice self-restraint, Allah is well acquainted with all that you do.” (4: 128)

Among the methods of treating breach and disloyalty is directing every part to choose an arbiter of his side to help in reconciliation. “If ye fear a breach between them twain, appoint (two) arbiters, one from his family and the other from hers: if they wish for peace, Allah will cause their reconciliation: for Allah has full knowledge, and is acquainted with all things”. (4:35)

If these methods were unfruitful, then comes divorce as a necessary solution, Islam has given the husband a chance to restore his marital life after the first and the second divorce without being in need of anybody to interfere. In case of not willing to keep this marital life, there will be no meaning in having it continuing. Here comes the third divorce as a final solution: “he can not. After that, remarry her until after she has married another husband and he has divorced her…..”(2:230)

 

Journal of Law
Journal of Law

You are Visitor No.

81266

Journal of Law
Journal of Law
Tell your friendsJournal of Law
Journal of Law

Last Updated

Nov 04, 2019

Journal of Law
Journal of Law
Journal of Law

Please enter your email Here to receive our news

Journal of Law