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
Imam Ibn Abi Shaybah counted in his book classified twenty-five and a hundred recent and impact claimed that Abu Hanifa has violated the provisions required by apparent, and these conversations and effects including with regard to worship and transactions, including with regard to personal status, including with regard to borders and felonies, and collected by Sheikh Muhammad Zahid Al-Kothari in his book funny jokes in talking about the responses of Ibn Abu Shaybah on Abu Hanifa, and these issues we will study in our research.
So I present in the hands of the honorable reader what God Almighty has made easy for me in terms of what I dealt with in the rule (the principle of permissive things) and what branches from it and what is related to it.
This research was divided into an introduction, a preface, three demands, and a conclusion.
The preamble is to explain the meaning of the rule in language and terminology and the definition of the legal rule and what is related to it. The first requirement is to explain the rule that we have in our hands and the words related to its text - and is it a fundamentalist or jurisprudential rule? .
As for the second requirement - in the difference of scholars and their opinions in whether the origin of things is permi
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