نشوز الزوجة في ميزان الشريعة الإسلامية وتطبيقاته المعاصرة في أفغانستان

Abstract

This study aims to examine the concept of a wife’s nushūz and to delineate its boundaries within the framework of Islamic Sharīʿah, clarifying its causes and its effects on marital relations, while analyzing its contemporary applications in Afghan society in light of the prevailing social and legal contexts, where the scope of the term is often observed to be extended beyond its proper Sharīʿah-based meaning. The research adopts an inductive method through tracing relevant textual evidence from the Qur’an, the Sunnah, and the opinions of jurists across the Islamic schools of law, in addition to a comparative analytical approach to assess juristic rulings against their practical implementation in Afghanistan. The study is expected to conclude that nushūz in Islamic law is a strictly regulated concept that can only be established under precise conditions, and that its treatment is based on gradual reform and the preservation of the family structure rather than coercion or violence, emphasizing the necessity of rectifying prevailing misconceptions among judges, mediators, and families in order to reduce marital disputes and promote family stability and balance of rights and obligations in Afghan society.