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Lesson 6 of 1440 min

Marital Discord

⚠️ Nushuz and Shiqaq — When Marriage Faces Troubles

﴿ And if you fear dissension between them, send an arbitrator from his family and an arbitrator from her family ﴾

[An-Nisa: 35]


📖 Introduction

📜 Scene: The Breaking Point

In a marriage counselor's office...

The wife said: "He ignores me, doesn't speak to me for days, and spends all his time outside!"

The husband said: "She disrespects me in front of my family and refuses to fulfill her duties!"

The counselor asked: "How long has this been going on?"

Both: "Years..."

The counselor said:

"You both have valid complaints. But have you followed the Quranic steps for resolving this? Or did you let it fester?"

🎯 Islam provides a clear methodology for handling marital discord — before it destroys the marriage!


📜 Scene: The Prophet's ﷺ Patience

When the Prophet ﷺ faced difficulties with his wives...

He didn't divorce immediately. He didn't become harsh.

Instead, he withdrew to the upper room for a month, giving everyone time to reflect.

When he came down, the Quran had revealed verses of guidance, and the matter was resolved.

💡 Even the best marriages have difficulties — what matters is how we handle them!


📖 What is Nushuz?

Definition

TermMeaning
NushuzRising up, disobedience, breach of marital duties

Types

Nushuz of WifeNushuz of Husband
🔴 Refusing marital duties🔴 Refusing to provide nafaqa
🔴 Leaving home without permission🔴 Harming her physically or verbally
🔴 Persistent disrespect🔴 Abandoning her (emotionally/physically)
🔴 Admitting whom he forbids🔴 Forcing her to do haram

👩 Nushuz of the Wife

What the Quran Says

﴿ But those [wives] from whom you fear nushuz - [first] advise them; [then if they persist], forsake them in bed; and [finally], strike them [lightly]. But if they obey you, seek no way against them ﴾

[An-Nisa: 34]

The Three Steps (In Order)

StepMethodHow
1️⃣Advise (Maw'iza)Gentle reminder, not lecture
2️⃣Forsake in bed (Hajr)Turn back, or separate beds
3️⃣Strike lightly (Darb)Symbolic, non-harmful

Important Rules for Step 3

RuleExplanation
🚫 Not the faceProhibited
🚫 Not leaving marksProhibited
🚫 Not breaking bonesProhibited
⚖️ Symbolic onlyLike with miswak (tooth stick)
🔴 Better to avoidThe Prophet ﷺ never did it

The Prophet's ﷺ Guidance

The Prophet ﷺ said:

"Do not strike the female servants of Allah."

And he ﷺ said:

"The best of you will not strike."

[Abu Dawud]

Aisha — may Allah be pleased with her — said:

"The Messenger of Allah ﷺ never struck anything with his hand — neither a woman nor a servant."

[Muslim]


👨 Nushuz of the Husband

What the Quran Says

﴿ And if a woman fears from her husband nushuz or desertion, there is no sin upon them if they make terms of settlement between them — and settlement is best ﴾

[An-Nisa: 128]

What Constitutes His Nushuz

BehaviorType
🔴 Stops providing nafaqaFinancial neglect
🔴 Abandons her bedEmotional/physical neglect
🔴 Harsh, abusive treatmentEmotional abuse
🔴 Physical harmPhysical abuse
🔴 Forces her to do haramReligious harm

Her Options

OptionExplanation
🤝 NegotiateGive up some rights for peace
👨‍👩‍👧 Family mediationInvolve arbitrators
⚖️ Seek judicial helpGo to Islamic court/authority
🔓 Request khul' or divorceAs a last resort

🤝 Shiqaq (Marital Discord)

Definition

Shiqaq: Deep, persistent conflict between the spouses that threatens the marriage.

The Quranic Solution

﴿ And if you fear dissension (shiqaq) between them, send an arbitrator from his family and an arbitrator from her family. If they both desire reconciliation, Allah will cause it between them ﴾

[An-Nisa: 35]

The Arbitration Process

StepAction
1️⃣Select one hakam from his family
2️⃣Select one hakam from her family
3️⃣Both investigate the issues
4️⃣They attempt reconciliation
5️⃣If impossible, may authorize separation

Qualities of Hakam (Arbitrator)

QualityWhy Important
👨 MaleBy majority
⚖️ JustFair in judgment
🧠 WiseUnderstands situations
🤝 NeutralNot biased
📚 KnowledgeableKnows fiqh rulings

📊 Steps for Resolving Conflict

Complete Framework

StageMethodParticipants
1️⃣Direct communicationHusband and wife
2️⃣Self-correctionEach examines self
3️⃣Quranic steps (for her nushuz)Husband
4️⃣Negotiation (for his nushuz)Wife
5️⃣Family interventionClose relatives
6️⃣Formal arbitrationTwo hakams
7️⃣Judicial interventionIslamic court
8️⃣SeparationLast resort

🎯 Contemporary Cases

🏠 Case 1: She Wants to Work, He Forbids

Situation: She accepted a job without his permission after he refused.

❓ Is this nushuz?

📜 Click for answer

Analysis:

FactorConsideration
📝 If stipulated in contractHer right
🚫 If not stipulatedHis permission is needed
⚖️ If he's unreasonableShe may seek mediation

💡 The best approach is mutual consultation, not unilateral decisions!


📱 Case 2: He's Emotionally Absent

Situation: He comes home, eats, watches his phone, sleeps. No conversation, no attention.

❓ Is this nushuz?

📜 Click for answer

Clear answer:

His behaviorStatus
🔴 Emotional abandonmentForm of nushuz
📜 Her rightKind companionship
🔧 SolutionCommunication, then mediation

💡 Living together is not the same as living kindly together!


💔 Case 3: Constant Arguments

Situation: They fight about everything, every day. Neither gives in.

❓ What is the solution?

📜 Click for answer

Islamic approach:

StepAction
1️⃣Each examines their own faults
2️⃣Agree on rules for disagreement
3️⃣Involve trusted mediator
4️⃣Professional Islamic counseling

💡 The Prophet ﷺ said: "I guarantee a house in the middle of Paradise for one who avoids arguing even if he is right."


🤐 Case 4: Silent Treatment

Situation: He doesn't speak to her for weeks as punishment.

❓ Is this permissible?

📜 Click for answer

Important distinction:

TypeRuling
🛏️ Forsaking in bedPermitted as remedy for nushuz
🤐 Complete silenceNot permitted beyond 3 days (by hadith)
📍 Outside the homeNot permitted

💡 The forsaking is in bed, not in speech or normal interaction!


👊 Case 5: Physical Abuse

Situation: He beats her regularly, causing bruises and injury.

❓ What is the ruling?

📜 Click for answer

Absolutely clear:

ActionRuling
🔴 Physical abuseHaram
🔴 Causing injuryMajor sin
🟢 Her rightSeparation and compensation
⚖️ She may seekDivorce, khul', or judicial intervention

💡 Abuse is NEVER Islamic — it's a crime against Allah's commands!


⚠️ Important Clarifications

What Islam Does NOT Allow

MisconceptionReality
❌ "Islam allows wife-beating"Only symbolic, last resort, most scholars say avoid
❌ "Husband can do whatever he wants"He has limits and responsibilities
❌ "Wife must obey in everything"Only in ma'ruf (reasonable matters)
❌ "She has no recourse"She has multiple options

The Prophet's ﷺ Standard

When asked about the wife's rights, the Prophet ﷺ said:

"That you feed her when you eat, clothe her when you clothe yourself, do not strike the face, do not insult her, and do not forsake her except within the home."

[Abu Dawud]


💭 Reflection

Imam Ibn Taymiyyah — may Allah have mercy on him — said:

"The basis of marriage is partnership and companionship, not mastery and servitude."

🎯 Conflict is inevitable — how we handle it defines whether the marriage survives!


📚 Summary

ConceptKey Points
👩 Her NushuzAdvise → forsake in bed → symbolic (avoid)
👨 His NushuzShe negotiates, seeks mediation, may seek separation
🤝 ShiqaqTwo arbitrators from both families
⚖️ GoalAlways reconciliation first
🚫 Never allowedAbuse, harm, oppression