The Jurisprudential Principles of the Nushūz of Husband and the Harms to the Wife with an Approach to the Rule of "Prohibition of Detriment

Fatemeh Shekari


Maintaining the family center, good socializing, intellectual interaction, psychological peace of the couple and achieving growth and perfection through good socializing and intellectual interaction of the spouses, etc. are among the commands of the holy legislator which are explained in the divine commands. This will be achieved through the efforts and interaction of the spouses. But unfortunately, the basis of some jurists is only a one-sided approach based on the obedience of the wife and her lack of Nushūz, and less has been said about the jurisprudential argument of the husband’s Nushūz. And ignoring this will cause harm to the wife, including mental and psychological damage and sometimes physical damages, such as the wife being in distress due to not receiving alimony or not paying attention to the wife's sexual pleasures, and having violent and unkind treatment to her and etc., which are realized through the Nushūz of husband. The present research article uses a descriptive and practical method based on collecting the contents and opinions of the jurists from the point of view of the jurists to explain the cases of the husband’s Nushūz. Because Nushūz of the husband has caused special losses to the wife, and by relying on the jurisprudential rule of ("causing loss and damage is prohibited in Islam"), a step can be taken to protect and respect the rights of the wife and prevent possible losses due to the Nushūz of the husband. So we can pay attention to the family center and the material and immaterial rights of both parties, especially the wife.


Nushūz; Tamkīn; Istimtāʿ; Rule of "Prohibition of Detriment"

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Holy Qur’an (Translated by Āyatī)

Allameh, Jamaluddin Hassan, 1413 AH, Qawāʿid al-Aḥkām, Qom, Islami.

Amīnī, Ibrahim, nd, Familiarity with the duties and rights of women.

Dehkhodā, Ali Akbar, nd, Dehkhodā Dictionary, Tehran, Volume 4, University of Tehran.

Farāhīdī, Abdul Rahman Al-Khalil ibn Ahmad, 1409 AH, Al-Ayn, Beirut, Dar al-Hijra.

Feyz Kashani, Mohammad Mohsen, 1406 AH, Wāfī, Isfahan, vol. 3, Amir Al-Mu’minin Library.

Habibitabar, Jawād, nd, Family Law, np.

Ḥurr Āmulī, Muhammad ibn Hassan, 1409 AH, Wasā’il al-Shia, Qom, vol. 14, 15, 17, Al Bayt.

Ibn Athīr, 1366 HS. Al-Nihayah fi Gharib al-hadith, Qom, Ismaili.

Ibn Babawayh al-Qomi, Muhammad ibn Ali ibn al-Hussain (Sheikh Sadūq) 1415 AH. Al-Muqni, Qom, Imam al-Hadi (AS).

Ibn Manẓūr, Abu al-Faḍl, 1407 AH, Lisān al-Arab, Beirut, Dar al-Fikr.

Khomeini, Mousavi, nd, Taḥrīr al-Wasīlah, Imam Khomeini, Qom, vol. 2, Dar al-Ilm.

Kulaynī, Muhammad Ibn Ya’qub, 1407 AH, Furūʿ Kāfī, Tehran, vol. 5, Islamic Library.

Lankarānī, Mohammad, nd, Fāḍil Jāmi' al-Masāʾil, Qom, vol. 2, Amir Qalam.

Makarem Shirazi, Nasser, 1424 AH, New Istifta’at, Volume 1, Imam Ali School Publications.

Mugahi, Abdul Rahim, nd, Family Rules, np.

Muḥaqiq Ḥillī, Ja'far ibn Hassan Ḥillī, 1408 AH, Sharayi al-Islam fi Masāʾil al-halal wa al-Haram, Qom, vol. 2, Ismaili.

Musṭafawī, Hassan, 1368 HS, Research in the words of the Holy Qur’an, Tehran, vol. 11, Book Center for Translation and Publishing.

Najafi, Mohammad Hassan, 1404 AH, Jawāhir al-Kalām, vol. 31, Dar Ihyā al-Turāth.

Rahmati, Mehdi, 1386 HS, Economic Fluctuations in 1985, the Factor of Increasing Divorce in Tehran, quoted by:, April 15, 2007.

Rouhani, Seyyed Mohammad Sadegh, nd, Judicial Referendums and International Law Firm, Vol. 2, np.

Sabziwārī, Muhammad Bāqir (Sabziwārī), 1090 AD, Kifāyat al-Aḥkām, Qom, Sadr Mahdavi School.

Salarifar, Mohammad Reza, nd, An Introduction to the Family System in Islam, Qom, Book Garden.

Sharareh, Abdul Jabbar Ahmad, 1418 AH. The theory of negation of harm in Islamic jurisprudence, the relationship between culture, and Islamic relations.

Sistani, Ali, 1410 AH, Minhāj Al-Ṣālihīn, vol. 3, Dar al-Ta’āruf.

Sistani, Ali, 1414 AH, Rule of no harm and no detriment, Qom, the office of Ayatollah Sistani.

Sobhani Tabrizi Ja'far, 1424, Zakat in Islamic Sharia, Qom, vol. 2, Imam Ṣādiq (AS) Institute.

Ṭabrīzī Jawād Ibn Ali, nd, New Istifta'at, Qom, np.

Taheri, Habibullah, 1418 AH, Civil Law, Qom, vol. 3, Islamic Publications Office.



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