⚖️ Polygyny: rulings & justice · #40

Is a wife guilty of nushuz (marital defiance) still entitled to her turn?

According to the Shafi'i school, a wife who is nushuz (disobedient without a Shariah-recognised reason) forfeits her right to her turn and to maintenance for as long as she remains nushuz.
Examples of nushuz: leaving the home without permission and without a reasonable excuse, or refusing to move to the home provided without a Shariah-recognised reason. However, nushuz status must be assessed carefully; a wife who refuses because she is wronged, abused or not given maintenance is not considered nushuz. When she returns to obedience, her rights are restored. A husband may not allege nushuz merely to avoid the rotation. Disputes are best decided by the Syariah Court. See Nushuz & conflict and Counselling.

Sources

Surah an-Nisa' 4:34Surah an-Nisa' 4:35

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This answer is general reference, not a fatwa. For your situation, consult the religious affairs office, a Syarie lawyer or your state Syariah Court.

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