Is a husband liable for damage to his wife resulting from lawful disciplinary action?

General Chapter

Al-Mughni

Book of Beverages (Intoxicants)

Book 53 · Issue 1 · Bab 1

Open in Qurani

Primary text

The husband bears no liability for the wife if she sustains injury due to lawful disciplinary action taken due to her defiance (nushuz). This view is held by Malik. The evidence for this ruling is derived from prior established principles.

Supporting text

Al-Shafi'i and Abu Hanifa maintain that the husband is liable for damages.