🕊️ Konflik & penyelesaian · #9
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 maintenance for herself throughout the period of nushuz.
But there are some important points: (1) nushuz must be proved — the husband's allegation alone is not enough, and the determination is made by the Syariah Court; (2) the right to maintenance returns when the wife resumes obedience; (3) child maintenance is not lost at all because of the mother's nushuz; (4) a wife who leaves the house out of fear of abuse or because the husband has not provided suitable housing is not counted as guilty of nushuz. A husband may not withhold maintenance at will on the pretext of "nushuz" without a court order. See Maintenance (nafkah).
But there are some important points: (1) nushuz must be proved — the husband's allegation alone is not enough, and the determination is made by the Syariah Court; (2) the right to maintenance returns when the wife resumes obedience; (3) child maintenance is not lost at all because of the mother's nushuz; (4) a wife who leaves the house out of fear of abuse or because the husband has not provided suitable housing is not counted as guilty of nushuz. A husband may not withhold maintenance at will on the pretext of "nushuz" without a court order. See Maintenance (nafkah).
Difference between schools. All four schools generally cancel the maintenance of a wife guilty of nushuz, but differ on what counts as nushuz and how it is proved.
Sumber
Surah an-Nisa' 4:34Surah al-Baqarah 2:233State Islamic Family Law Enactments (provisions on maintenance & nushuz)