أحكام نشوز الزوجة و سبل المعالجة : دراسة مقارنة بين الفقه الإسلامي و القانون

الملخص EN

In order to accomplish the goals of marriage and maintain such sacred bond, Allah (SWT) has enjoined certain commutative duties and rights on the partners involved; then He has endeared them in what would improve such marital bond and avoid separating and dissociation it.

In fact, disobedience is one of the essential topics as it touches directly the life of the society and no family would be voided of such phenomenon, regardless of its nature and the way of its treatment.

In Islamic jurisprudence, the wife's disobedience is best represented in her behavior as she does not live with her husband in the same house and avoids making intercourse with him.

For the wife as being disobedient to her husband, that does never necessarily entail disobedience to be of one sort; rather it occurs in different sorts and varies according to her disobedience with her husband.

The way to treat wife's disobedience requires following attentive phases taking into consideration her being conditions and status.

The phases taken, in turn, also differs on the basis of disobedience nature and the point which it extends to.

In addition, applying these phases gradually may dispense of the so-called phases in their later stages without breaking up the marriage.