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🕊️ Konflik & penyelesaian · #14

If a wife leaves the house out of fear of being beaten, is she guilty of nushuz?

No — a wife who leaves the house to save herself from danger or abuse is not counted as guilty of nushuz.
Scholars explain that a wife's obedience is only in what is right, and the prohibition on leaving the house falls away when there is an emergency or a threat to life, body or honour. The principle of la darar wa la dirar (no harm and no reciprocating harm) applies. The wife should go to a safe place — family, a shelter or a police station — and make a report so there is a record. Her right to maintenance remains, and the issue is ultimately decided by the Syariah Court if the husband alleges nushuz. Help: police 999, Talian Kasih 15999. See Nushuz & conflict.

Sumber

narrated by Ibn Majah (hasan) — la darar wa la dirarnarrated by al-Bukhari & Muslim — obedience only in what is rightDomestic Violence Act 1994 (Act 521)
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Soalan berkaitan

A wife sulks and goes back to her parents' home without permission. Is she guilty of nushuz (marital defiance)?Not necessarily — it depends on the reason and the duration; leaving out of fear, mistreatment or because no maintenance is given is not n…Does a wife guilty of nushuz (marital defiance) lose her right to maintenance (nafkah)?According to the Shafi'i school and Islamic family law in Malaysia, a wife found guilty of nushuz is not entitled to maint…My wife often contradicts and argues with me. Is that nushuz (marital defiance)?No — differing in opinion and arguing respectfully is not nushuz; the Prophet's ﷺ own wives answered back…Is emotional abuse such as threats and insults counted as domestic violence?Yes — in Malaysia, the Domestic Violence Act 1994 (as amended) recognises emotional, mental and psychological abuse…What are the correct steps under the Shariah if a wife is guilty of nushuz (marital defiance)?The first step is gentle advice, then separating beds, and if there is still deadlock, bringing in arbiters (hakam) or par…Can a husband also be guilty of nushuz?Yes — the Qur'an itself mentions nushuz on the husband's part in an-Nisa' 4:128. A husband's nushuz is when he beha…
Jawapan ini rujukan umum, bukan fatwa. Untuk keadaan anda, rujuk pejabat agama, peguam syarie atau Mahkamah Syariah negeri.

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