FatwaFederal TerritoriesMarriage & Family
AL-KAFI #1961: ADAKAH TIDAK PULANG KE PANGKUAN SUAMI DIKIRA NUSYUZ
Is a wife who refuses to return to her husband's home after leaving because of a dispute considered nushuz?
Short answer
Nushuz means a wife's disobedience towards her husband by refusing obedience, for example leaving the house without his permission and without a valid excuse.
A reference, not a fatwa. First sentence of the summary below — read the original fatwa and consult your state authority before acting.
- Authority
- Federal Territories Mufti Office
- Date
- Status
- Opinion (irsyad)
- Series
- Al-Kafi li al-Fatawi
- Topic
- Marriage & Family
No evidence of gazettement in the source — this is not a gazetted fatwa.
Summary
Nushuz means a wife's disobedience towards her husband by refusing obedience, for example leaving the house without his permission and without a valid excuse. However, the determination and confirmation of nushuz must go through the Syariah Court following proper family law procedures, because of the concern that injustice may occur if nushuz is established without a firm basis. The husband is advised to lodge a complaint with the court along with evidence, since a judge's ruling settles any difference of opinion.
Written in our own words from the original fatwa — check the source before acting on it.
Sebarang penetapan dan pengesahan nusyuz bagi seseorang isteri wajib melalui Mahkamah Syariah dan mengikut prosedur undang-undang yang betul.
Read the full fatwa on the Federal Territories website (new tab)
How to cite
Cite the original fatwa and its authority. Rujuk Fatwa is only where you found it.
Federal Territories Mufti Office. “AL-KAFI #1961: ADAKAH TIDAK PULANG KE PANGKUAN SUAMI DIKIRA NUSYUZ”, 1 November 2023. https://muftiwp.gov.my/ms/artikel/al-kafi-li-al-fatawi/5773-al-kafi-1961-adakah-tidak-pulang-ke-pangkuan-suami-dikira-nusyuz. Found via Rujuk Fatwa: https://rujukfatwa.com/en/fatwa/wife-not-returning-home-nushuz-ruling/