What constitutes spousal disobedience (Nushuz) and its effect on maintenance and lodging?
Chapter on the Condition in which Maintenance is Obligatory on the Husband
Al-Mughni
Book of Maintenance (Nafaqāt)
Primary text
Spousal disobedience (Nushuz) means the wife's contravention of her husband concerning his rights established by the marriage contract. It originates from ascent or elevation, as the term derives from a high place (Nashz), implying the wife has risen above obedience to her husband. If she refuses sexual intimacy, leaves the marital home without permission, refuses to relocate with him to a suitable dwelling, or refuses to travel with him, maintenance and lodging are forfeited, according to the general opinion of scholars including Al-Sha'bi, Hammad, Malik, Al-Awza'i, Al-Shafi'i, the Companions of the Opinion (Ahl al-Ra'y), and Abu Thawr.
Supporting text
Al-Hakam ruled that she retains maintenance. Ibn al-Mundhir noted that no one contradicts these scholars except Al-Hakam, who may argue that her disobedience does not void her Mahr (dower), so it should not void her maintenance. However, maintenance is conditional upon her making herself available for intimacy, unlike Mahr which is due upon the contract alone. If the husband has a child by her, he must pay the child's maintenance because this obligation is for the child's benefit and is not negated by her transgression. Likewise, the husband must deliver the child's maintenance to her if she is the custodian or wet nurse, and her nursing wages must also be paid, as this is compensation for services she is entitled to by virtue of breastfeeding, not in exchange for intimacy.