Allah legislated marriage and made it dwelling, fellowship and mercy between
the two couples, Prophet Moh'd (peace of Allah and blessing be upon him) ordered a
husband to look after his wife, treat her with full charity and make love with here
every kindly. On the other hand, he ordered a wife to obey her husband and respect
him deeply, nevertheless, some obstacles may sometimes be appeared within the life
of their marriage, this may be caused by either a husband or a wife. This problem is
called lifely disobedience (AL-Noshooz).
In the other words, this means that a wife begins to hate her husband, refuse his orders
and not obey him.
In brief, they hate each other which leads to some marks appear in their
manners and bahaviours, for example, a wife refuses her husband's requests, orders
and commands and so does the husband, he begins to leave her in bed and ignore her
in treatment. The researcher explained a solution to the problem of disobedience after
he had mentioned the types of it that might be appeared in the manners or behaviours
of both a wife or a husband. This clear solution comes from the holy Quran, Prophet's
tradition (Hadith) and Muslim Scientists, points of view, the researcher also
mentioned how a husband may do towards manipulating this problem according to the
instructions of Holly Quran and the Islam teaching first, a husband is ordered to
advise his wife about the dangers of divorce and reminds her about Allah's
punishment in the day of judgment. Then the researcher mentioned the second step
which a husband may follow to avoid divorcing as ignoring her in bed.
This step seems to be more serious than the previous one. After the researcher
had explained everything about how to solve this problem in these previous steps
according to the Holy Quran, Prophets Traditions and Muslim Scientists gradually, He
mentioned the third step which is hitting the husband should avoid hitting his
disobedient wife on her face, sensitive areas and infront of people, hitting wives
shouldn't be more than ten flippings or whipping. The fourth step of solving the
problem of disobedience is judging. Two persons judged between the two couples
after hearing their complaints and the reason of this problem. One person belongs to a
husband's family and the other belongs to a wif's family or relatives.
Finally, the researcher mentioned the husband's lifely disobedience, it's
limitations, treatment, conclusion, and the most important results
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Judicial jurisprudence is one of the important legal solutions to address the shortcomings of legislation. Throughout its long history, human societies have known many cases in which the judge finds himself facing a legislative vacuum in addition to civil legal texts that are difficult for the judge to implement due to ambiguity or contradiction, which requires diligence. To rule on resolving disputes before him in order not to deny justice, but the judge in his jurisprudence was not absolute, but rather bound by certain controls represented by observing the wisdom of legislation on the one hand and taking into account the nature of the texts on the other side, and from here this research came to shed light on the jurisprudence and its cont
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