Obedience and Disobedience (Nushūz): A Comparative Analysis of the Verses of Legal Rulings in the Noble Qur’an and Personal Status Law in Iraq

Abstract

This study explores the issue of nushūz (disobedience) and lack of muṭāwaʿah (obedience or compliance) between spouses within Iraqi society, particularly in the context of modern developments such as the expansion of mass communication and the temptations that negatively affect family relationships. The aim of this study is to highlight the impact of these factors on family stability and to examine how distancing from the divine legal rulings ordained by God can exacerbate marital problems, potentially leading to divorce and the ensuing social and psychological challenges. The research adopts a descriptive-analytical approach, wherein Qur’anic texts related to muṭāwaʿah and nushūz are analyzed and compared with the texts of Iraq’s Personal Status Law to identify points of convergence and divergence. The most significant findings of the study indicate that the Noble Qur’an addresses the issues of obedience and disobedience in a more just and balanced manner than the Iraqi law. The Qur’an offers gradual and step-by-step solutions that focus on the reform and preservation of the family, rather than immediately resorting to judicial remedies. The study also demonstrates that the current law suffers from a lack of precise definitions for nushūz and is deficient in providing adequate procedures for reconciliation between spouses. Furthermore, it fails to address the issue of a husband's disobedience in a balanced manner. The research underscores the importance of revising existing laws to strike a balance between adherence to religious texts and consideration of social and cultural transformations, in order to ensure family stability and strengthen justice between spouses.