Adakah nafkah isteri gugur jika dia nusyuz?

Ya, menurut mazhab Syafi'i dan jumhur, nafkah isteri gugur sepanjang tempoh dia nusyuz yang sabit, dan kembali apabila dia taat semula. Nusyuz bermaksud keingkaran isteri terhadap hak suami tanpa alasan syarie, seperti meninggalkan rumah tanpa sebab atau enggan tinggal bersama. Keengganan kerana dianiaya, tidak diberi nafkah atau keselamatan terancam bukan nusyuz. Nafkah anak tidak gugur. Penentuan nusyuz yang dipertikaikan dibuat oleh Mahkamah Syariah, bukan dakwaan sebelah pihak. Lihat Nusyuz & konflik dan Kaunseling .

Soal Jawab › Hak & tanggungjawab

🏡 Hak & tanggungjawab · #48

Does a wife lose maintenance if she is nushuz?

Yes, according to the Shafi'i school and the majority, a wife's maintenance lapses for as long as her nushuz (marital defiance) is established, and resumes when she becomes obedient again.
Nushuz means a wife's defiance of her husband's rights without a valid Syariah reason, such as leaving home without cause or refusing to live together. Refusal because she is being wronged, is not given maintenance or her safety is threatened is not nushuz. Child maintenance does not lapse. A disputed finding of nushuz is made by the Syariah Court, not by one party's claim. See Nushuz & conflict and Counselling.

Sumber

Surah an-Nisa' 4:34State Islamic Family Law Enactment

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Jawapan ini rujukan umum, bukan fatwa. Untuk keadaan anda, rujuk pejabat agama, peguam syarie atau Mahkamah Syariah negeri.

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