DISPRAISING OF A SPOUSE (NUSHŪZ) AND ABUSE OF A WIFE (DARB) IN THE CONTEXT OF GENDER EQUALITY

Abstract

UDK  28-4-055.2
            28-254

This article aims at reviewing the available interpretations of the terms nushūz and darb in both classical and contemporary translators and interpreters of the Qur’an and with a view of corresponding legal regulations derived from therein. We also here attempt to offer some fresh views in the field in the context of the contemporary time and space and in agreement with the general principles of Islam and the intentions of the Sharia law.  The terminology may, if misinterpreted, result in the misperception of the text of the Qur’an and consequently bring about its inadequate implementation in a form of laws and regulations regarding marriage and the family.  In this article we tried to answer the question: Are the available interpretation of the terms nushūz as -disobedience of the wife – and ad-darb as – chastising /striking of a wife in collision with the intentions of the Sharia?  In this sense, we also discussed the sensitivity of marital relations and issues in the light of differing perceptions of the Qur’anic terms nushūz and ad-darb. Keeping in mind the intentions of the Sharia which regard human dignity as a value that has to be protected, the author here looks into options that offer a different interpretation of ayahs 34. And 128. Of the surah An-Nisa where the terms nushūz and ad-darb were used.