نشوز الزوج وأثاره في العلاقة الزوجية في الفقه الإسلامي والقانون البروناي

Abstract

In a marital relationship, there are problems in a household such as disobedience (nusyuz) of the husband to his wife or children in performing his duties. The duty of a husband must be implemented because they are a leader who will build a harmonious and happy family. at home ignoring his wife mercilessly lovingly letting him work. Thus, the discussion aims to explain about the husband's disobedience and its effect on the marital relationship referred to in the book of Islamic Fiqh based on the books of previous scholars and followed by Brunei legislation in the Chapters of the Brunei Darussalam Legal Code Act. Nevertheless, this discussion will be based on the Quran and the Hadith of the Prophet Muhammad Sallallahu A’laihi Wassalam. With this explanation, it can be explained that disobedience is not only on a wife but also on a husband who is the head of the family. In this case, the discussant will explain more about the actions of the husband disobedience and explain the effects that will occur in a marital relationship. This discussion is also inserted about disobedience in terms of the inner and outer maintenance of a husband towards his wife which is overlooked in society and is also considered trivial and this will help to run a more mature and fair marital relationship. But if these measures cannot be achieved, then a wife has the right to complain to the judge, whether she wants to make peace or apply to dissolve their marriage.