The Husband’s Nushūz and the Nature of Intra-Familial Ṣulḥ in the Context of an-Nisā’ 4:128

Authors : Murat Bahar

Pages : 75-93

Doi:10.33709/ictimaiyat.1727977

View : 105 | Download : 70

Publication Date : 2025-09-30

Article Type : Research Paper

Abstract :According to an-Nisā’ 4:128, if a woman fears her husband’s nushūz, she may propose ṣulḥ to preserve the marriage without resorting to divorce. The term nushūz in this verse is commonly interpreted as abuse, rebellion, or unchaste conduct. However, reports transmitted by al-Bukhārī, Muslim, and al-Tirmidhī indicate that when the husband engages in nushūz, the wife may voluntarily forgo her marital rights, such as mahr and alimony, in order to avoid divorce. The woman’s willingness to relinquish her rights despite mistreatment creates a hermeneutical challenge in interpreting the verse. Therefore, this study investigates the meaning of “the husband’s nushūz” and the nature of domestic ṣulḥ. The aim is to determine the context and content of the verse and, within this framework, to identify the Qur’anic procedure for resolving marital conflict. Through analytical evaluation, the study concludes that the husband’s nushūz does not refer to his morality or character but to emotional estrangement or the intention to remarry. Hence, the verse allows a woman to propose reconciliation by waiving certain rights. Ultimately, the verse is shown to address socio-cultural realities, aiming to prevent women from being left alone and unprotected, while safeguarding the continuity of the family.
Keywords : Kur’ân, Tefsir, Nüşûz, Sulh, Aile

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