The Reality of Marital Defiance
Machine translationRead the Arabic original
Question: The second ruling of Fatwa No. ( 15920 )
Q2: What is the reality of marital defiance? Does it occur from both parties simultaneously, or only from the wife?
A2: Marital defiance is the refusal of one spouse to fulfill the rights of the other, so it applies to both spouses. Allah the Exalted said:[An-Nisa 4:128] This is when the woman relinquishes some of her rights so that he does not divorce her, as Sawdah (may Allah be pleased with her) did with the Prophet (peace and blessings be upon him). It is narrated from A'ishah (may Allah be pleased with her) regarding the saying of Allah the Exalted:
(may Allah be pleased with her) in His saying:[An-Nisa 4:128] She said: Sahih al-Bukhari 5206 In another narration, she said: Sahih al-Bukhari 2694 Agreed upon by al-Bukhari and Muslim. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q2: What is the reality of marital defiance? Does it occur from both parties simultaneously, or only from the wife?
A2: Marital defiance is the refusal of one spouse to fulfill the rights of the other, so it applies to both spouses. Allah the Exalted said:
And if a woman fears from her husband contempt or evasion, there is no sin upon them if they make terms of settlement between them - and settlement is best
وَإِنِ امْرَأَةٌ خَافَتْ مِنْ بَعْلِهَا نُشُوزًا أَوْ إِعْرَاضًا فَلا جُنَاحَ عَلَيْهِمَا أَنْ يُصْلِحَا بَيْنَهُمَا صُلْحًا وَالصُّلْحُ خَيْرٌ(may Allah be pleased with her) in His saying:
And if a woman fears from her husband contempt or evasion
وَإِنِ امْرَأَةٌ خَافَتْ مِنْ بَعْلِهَا نُشُوزًا أَوْ إِعْرَاضًاIt concerns the woman whose husband does not want to keep her with him any longer, but wants to divorce her and marry some other lady, so she says to him: 'Keep me and do not divorce me, and then marry another woman, and you may neither spend on me, nor sleep with me.' This is indicated by the Statement of Allah: 'There is no blame on them if they arrange an amicable settlement between them both, and (such) settlement is better."
هي المرأة تكون عند الرجل لا يستكثر منها، فيريد طلاقها ويتزوج غيرها، تقول له: أمسكني ولا تطلقني ثم تزوج غيري، وأنت في حل من النفقة علي والقسم لي. فذلك قوله تعالى: فَلا جُنَاحَ عَلَيْهِمَا أَنْ يُصْلِحَا بَيْنَهُمَا صُلْحًا وَالصُّلْحُ خَيْرٌthe husband notices something unpleasant about his wife, such as old age or the like, and wants to divorce her, but she asks him to keep her and provide for her as he wishes). (4.128) "There is no blame on them if they reconcile on such basis."
هو الرجل يرى من امرأته ما لا يعجبه كبرا أو غيره فيريد فراقها، فتقول: أمسكني واقسم لي ما شئت. قالت: فلا بأس إذا تراضيا
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.