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

Abstract

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.