Duhaime's Law Dictionary


Nashiza Definition:

Muslim law: a disobedient wife.

Related Terms: Idda

Put more diplomatically, as proponents of Muslim law are adept at, nashizas are Muslim women who have:

"... removed themselves from their husbands' control".1

The mere fact of this term in Muslim law demonstrates the lack of equality of the genders as a wife owes obedience to her husband in such things as her goings and comings from the matrimonial home and her necessary consent to her husband’s requests for sexual intercourse, at his pleasure.

Her failure in these and other similar regards makes her subject to being characterized as a nashika and from which she can be even more so deprived of her legal rights, such as a right to spousal support or lodging.

Pascale Fournier wrote:

"The obedience of the wife and her sexual availability, two crucial duties of the wife often referred to by Islamic jurists as conjugal society, give rise to the right to maintenance.

"These are so interrelated that as soon as she refuses sex or is otherwise disobedient, the duty of maintenance is temporarily suspended.62 Where a disobedient wife is not legally entitled to maintenance....

"... a nashiza (refractory wife) has no right to be maintained by the husband."

REFERENCES:

  • Amin, S. H., Islamic Law in the Contemporary World (Glascow: Royston Ltd., 1985), page 124
  • Fournier, Pascale, In the (Canadian) Shadow of Islamic Law: Translating Mahr as a Bargaining Endowment, 44 Osgoode Hall L.J. 649 (2006)
  • NOTE 1: Hinchcliffe, Doreen, Legal Reforms in the Shi'i World - Recent Legislation in Iran and Iraq10 Malaya L. Rev. 292 (1968), page 299.

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