THE ISLAMIC APPROACH

One of the domestic issues mentioned in the Quran is nushuz. The literal meaning of nushuz includes “to rise up,” “misbehaviour,” or “aversion.” It can occur on the part of either the husband or the wife. If it arises from the wife, it refers to disobedience to the husband. If it arises from the husband, it means he is failing to fulfill his wife’s rights.

When nushuz occurs, the relationship between husband and wife begins to deteriorate. In such a situation, what should be done? The Quran provides guidance: the first step is that both should try to resolve the matter through direct communication and mutual understanding (4:128).

If the relationship cannot be repaired through mutual discussion, then in the second stage, each party should appoint one representative from their respective families. These individuals should act with sincerity and try to resolve the matter privately and internally (Quran, 4:35). If this second attempt also fails, then in the third stage, the matter should be referred to an external judicial authority (qada).

This teaching directly addresses disputes between spouses, but it also reflects the broader spirit of Islamic law. It illustrates the appropriate approach to take when a conflict arises between two individuals or two groups.

The core principle of this approach is to keep the matter within a limited circle and try to resolve it quietly. The first effort should be to confine the issue to those directly involved and to resolve it within that small group by all possible means.

If, despite all efforts, this initial attempt fails, the matter should still not be made public. At that stage, only a few close and relevant individuals should be involved to help resolve it. If their efforts also fail, then—and only then—is it permissible to refer the matter to a court or another external authority.