'Nusyuz' in the Ethics of Social Relations between Husband and Wife According to Tafsir Ulama
In the Qur'an, it has been stated that a husband should associate his wife with a way that is familiar.
The term ma'ruf, according to terminology, the language is often interpreted as 'good'. According to the meaning of syara ', an act of ma'ruf is often interpreted as:
كل ما يعرفه الشرع ويأمر به ويمدحه ويثني على أهله ، ويدخل في ذلك جميع الطاعات ، وفي مقدمتهاتوين له
It means, "everything that has a basis of syara", is ordered, praised or appealed to the experts. For him there is a collection of acts of obedience, and the most important of these obedience is to monotheate Allah Azza Wa Jalla and at the same time believe in Him "(Abdul Aziz al-Rajihy, al-Qaul al-Bayyin al-Adhar fi al-Da'wati Ila Allahi wa Al-Amri bi al-Ma'ruf wa al-Nahyi 'an al-Munkar, [Riyadl: Muassisah al-Risalah, tt], p. 8).
On the other hand, ma'ruf is sometimes also interpreted as:
كل قول حسن وفعل جميل وخلق كامل للقريب والبعيد
It means, "All forms of good speech, beautiful deeds, and perfect morals, both for the consequences of the near and far term." (Abdul Aziz al-Rajihy, al-Qaul al-Bayyin al-Adhar fi al-Da'wati Ila Allahi wa Al-Amri bi al-Ma'ruf wa al-Nahyi 'an al-Munkar, [Riyadl: Muassisah al- Minutes, tt], p. 8).
So, by seeing this definition, the command to associate the wife well as instructed by Shari '(Allah Ta'ala) in the Qur'an, is also meaningful as a command to issue good words to the couple, a good attitude in deeds, as well as perfect morals, or at least those that are near perfect to maintain the logical consequences in the future, in the near or far term. The logical consequences referred to here, one of which is the anticipation of the "nushuz" of the wife.
'Nusyuz' in the Qur'an is alluded twice. First, nushuz is alluded to in Al-Nisa '[4] verse 34; and second, alluded to in Surah Al-Nisa '[4] verse 128.
In Surat al-Nisa ’[4] verse 34, Allah SWT says:
)ٱلرجال قو مون على ٱلنساء بما فضل ٱلله بعضهم على بعض وبما أنفقوا من أمو لهم فٱلصلحت قنتت حفظت للغیب بما حفظ ٱلله وٱلتی تخافون نشوزهن فعظوهن وٱهجروهن فی ٱلمضاجع وٱضربوهن فإن أطعنكم فلا تبغوا علیهن سبیلا إن ٱلله كان علیا كبیرا( [النساء 34]
It means, "Men (husbands) are protectors for women (wives), because Allah has overestimated some of them (men) over some others (women), and because they (men) have provided a living from their wealth. So godly women are those who obey (to Allah) and take care of themselves when (their husbands) are not there, because God has taken care of (them) Women who are worried about nushuz, you should give advice to them, leave them in bed (separate beds), and (if necessary) beat them up. But if they obey you, then do not look for reasons to trouble them. Indeed, Allah is Most High, Most Glorious. "
Meanwhile in Surat Al-Nisa [4] verse 128, Allah SWT says:
)وإن ٱمرأة خافت من بعلها نشوزا أو إعراضا فلا جناح علیهما أن یصلحا بینهما صلحا وٱلصلح خیر وأحضرت ٱلأنفس ٱلشح وإن تحسنوا وتتقوا فإن ٱلله كان بما تعملون خبیرا( [النساء 128] That is, "And if a woman was worried her husband would nusyuz or turn our backs , then both of them can make real peace, and peace is better (for them) even though the human being is stingy by nature, and if you improve (associate with your wife) and take care of yourself (from nosyuz and indifference), then really, Allah is thorough in what you do. "
Seen from the standpoint of the two verses above, lafadh nushuz in the first verse, relies on (1) leadership of a husband in the household sphere for his wife because of the advantages bestowed on her husband, and (2) something given by the husband to his wife in the form of income and dowry. Because of these two factors, then there are demands as stipulated in lafadh al-shalihatu qanitatun hafidhatun li al-ghaibi bi ma hafidha allah (the shalihah woman is a woman who likes to worship, taking care of herself when her husband is not at home in the guards as ordered. by Allah Ta'ala to him).
While in the second verse, lafadh 'nusyuz', the opposite is true, namely the fear of a wife from the act of nusyuz husband, turning away or being indifferent. As a result, the use of lafadh nusyuz in the Qur'an, apparently also applies to husbands and not only to wives. Now let's look at this study of nushuz from the commentators!
The first commentator, we refer to Tafsir ath-Tabari (d. 310 H). When interrupting Surat Al-Nisa [4] verse 34, and arriving at the fragment of the verse 'wal lâti takhâfûna nusyûzahunna' (when your wife worries about her nusyuz attitude), ath-Tabari (d. 310 H) states that there are differences of opinion in ta'wil experts.
Some ta'wil experts make the transfer of meaning to the sound of the text 'al-khauf' as 'al-science', so that the meaning shifted from previously having the meaning of 'fear' to be understood 'to know'. However, the element of 'know' here also includes the notion of 'dhan' (prejudice) so that it is more appropriate if the lafadh 'takhafuna' in the above verse, the meaning is diverted as 'you suspect'.
Source: https: //islam.n However, the majority of ta'wil experts have an understanding that would be somewhat different from the above. As stated by ath-Tabari (d. 310 H), the majority of ta'wil experts agreed to transfer the meaning of the verse as:
إذا رأيتم منهن ما تخافون أن ينشزن عليكم ، من نظر إلى ما لا ينبغي لهن أن ينظرن إليه ، ويَدخُلن توَِظُِظُتتتتتتتتتتت
Meaning: "When you see your wives, then you are afraid of his abusive actions towards you, because seeing them to something they should not see, they enter and exit at will, causing you to feel doubtful about your actions. , then advise them, and separate them from the bar. " (ath-Tabari, Jamiu al Bayan li ta'wili ayi Al-Qur'an, Damascus: Daru al-Kutub al-Islamiyah, No Year), Juz 4, page 64).
Ath-Tabari (w.310) specifically gives a conclusion to the meaning of 'khauf' in this verse as:
معنى "الخوف" في هذا الموضع: الخوف الذي هو خلاف "الرجاء"
It means, "The meaning of" khauf "in this verse is as meaningful as fear which is the opposite of" al-raja "(hope for something to happen)." (ath-Tabari, Jamiu al Bayan li ta'wili ayi Al-Qur'an, Damascus: Daru al-Kutub al-Islamiyah, No Year), Juz 4, page 64).
Perhaps more precisely, 'al-khauf' here is synonymous with 'fear of something happening'. Thus, as if the verse speaks in context when a husband is very concerned about the emergence of 'nushuz' attitude from his wife, due to the symptoms they like to go in and out of the house and go away on their own without permission from the husband (as this understanding was stated earlier), it is recommended for husband to advise her or do separate beds with her partner.
Meanwhile, the term 'nushuz' in the same book, ath-Tabari (d. 310 H) provides an explanation:
وأما قوله: "نشوزهن", فإنه يعني: استعلاءهن على أزواجهن, وارتفاعهن عن فرشهم بالمعصية منهن, والخلاف عليهم فيما لزمهن طاعتهم فيه, بغضا منهن وإعراضا عنهم
It means, "As for the word of Allah SWT: 'nusyuzahunna', what is meant from the fragment of this verse is the attitude of the wife's heart (isti'la) towards her husband, and his courage to leave their firasy (personification of the husband) by defiance, and dare to do things which should be bound to them in the form of obedience of the husband (remembering the relationship of husband and wife), by being angry and turning away from the husband. " (ath-Tabari, Jamiu al Bayan li ta'wili ayi Al-Qur'an, Damascus: Daru al-Kutub al-Islamiyah, No Year), Juz 4, page 64).
Lafadh firasy, in this case is the personification of the husband, which means the husband's right to them through sexual relations (jima '). So, the notion of turning away from firasy is as much the same as turning away from leaving the husband's right to associate with him through sexual relations. This departure can be caused by two things, namely: because of his attitude in rejecting the invitation of the husband or because of the departure of those who did not say goodbye to the husband for reasons that were not strengthened by the Shari'a. Examples of reasons that can be justified by the Shari'a include: ‘work routines, or the existence of work contract agreements that require the wife to leave home during working hours. This is an example of the reasons corroborated by the Shari'a.
As a result, based on the above interpretation, the husband's right to get services from his wife through this sexual intercourse is a right that is strengthened by the Shari'a and gets its legitimacy so that it can cover other rights, if those rights are not strengthened by the Shari'a too. Examples of other rights that are not enforced by the Shari'a include: the release of the wife from the husband's house to visit parents or go to the mall to have fun or a walk that has nothing to do with obligations that are binding with the husband as husband and wife are bound. This departure is that which is not strengthened by the Shari'a, so that the wife's permission to the husband's obligation has not been killed without any due.
Another case if the departure of the wife has to do with the fulfillment of his right to perfect his duties and obligations as a housewife. For example, shopping at a food stall for cooking needs, or buying a change of clothes for an unworthy child, then leaving a wife in this condition, even without the husband's permission, cannot be seen as an act of nusyuz, bearing in mind that there are other compulsory burdens that are related (iltizam) with mu'asyarah bi al-ma'ruf in the family.
At this point, the conclusion can be drawn that 'nushuz' is an act of turning the wife away from her husband, leaving her obligations in the household, carried out in a state of anger or immorality, and leaving it without being based on reasons strengthened by the Shari'a. As for the departure of the wife leaving the house with reasons that are justified and strengthened by the Shari'a, then this departure cannot be categorized as an act of nushuz, even without the husband's permission. The main key to 'nushuz' is in the act of leaving to serve her husband in the affairs of a firasy (sexual relations) without the right reasons according to syara '. Allah knows best, please answer.
Ustadz Muhammad Syamsudin, Deputy Secretary for Maudlu'iyah - PW LBMNU East Java
Source: https://islam.nu.or.id
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