Isn't there discrimination in dealing with the rebelliousness (nushuz) of the wife and the husband, where four effective stages are applied to address the wife's rebelliousness, while dealing with the husband's rebelliousness is limited to reconciliation and the wife's forfeiture of her rights? So where is the justice in that?
Islamic Sharia preserves the rights of both spouses and guarantees them a dignified marital life, allocating specific rulings to each that suit their nature and position.
1. Wife's Nushooz (Disobedience/Rebellion): Sharia has granted the husband the right to discipline his rebellious wife (Verse 34 of Surah An-Nisa) due to the man's guardianship (Qawamah), his precedence in intellect and religion, and the frequent occurrence of a woman's rebellion. For the man is the guardian and the leader, and a subordinate does not punish his leader. 2. Husband's Nushooz (Disobedience/Rebellion): If the husband oppresses his wife or neglects her rights, she has the right to resort to the judiciary to obtain justice. The ruler or judge intervenes to reprimand and discipline the husband; he may admonish him, threaten him, or strike him if that is beneficial, and compel him to fulfill the wife's rights.
The nushooz mentioned in Verse 34 of Surah An-Nisa differs from the nushooz in Verse 128 of the same Surah. The reconciliation in Verse 128 is not obligatory but permissible if the wife fears separation from her husband, even though he does not oppress her, but he no longer desires her.
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