منهج القرآن الكريم في إدارة الخلافات الزوجية وحماية البناء الأسرى من النشوز والشقاق

Abstract

This study aims to elucidate the Quranic legislative and educational methodology for diagnosing and addressing the phenomena of marital recalcitrance (Nushuz) and discord (Shiqaq), through an analytical and exegetical study of the relevant verses in Surat an-Nisa (34, 35, 128). Employing an inductive-analytical approach, the research cross-examines textual indications within classical and contemporary exegeses (both bil-Ma'thur and bil-Ma'qul) alongside major treatises on Quranic jurisprudence (Ahkam al-Quran), while systematically verifying and critically evaluating the authenticity of the cited Hadiths.
The study concludes with several key findings: most notably, the Quranic approach to managing marital disputes is predicated on a structured, progressive therapeutic framework. This trajectory initiates with preventative measures by institutionalizing the concept of guardianship (Qiwamah) as an ethos of protective responsibility rather than authoritarian dominance. In addressing a wife’s Nushuz, the Quranic text outlines a hierarchical remedial path beginning with admonition (Wa'z), followed by estrangement in the bed, and concluding with a non-severe, symbolic discipline strictly bound by canonical restrictions. Furthermore, when disputes escalate into mutual discord (Shiqaq), the legislation institutes family arbitration, mandating the appointment of two arbiters—one from each spouse's kin—whose primary mandate is to vigorously pursue reconciliation or execute separation should the continuity of marital life prove untenable.
Ultimately, the study underscores that this legislative system intrinsically integrates to preserve the sacred marital covenant and uphold the dignity of women, thereby offering an objective scholarly rebuttal that refutes contemporary misconceptions by contextualizing these rulings within their balanced legislative and educational framework.
Keywords: Marital Recalcitrance (Nushuz); Marital Discord (Shiqaq); Two Arbiters; Guardianship (Qiwamah); Quranic Remedy

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