"Nushuz" (marital disobedience) is one of the most used words in marital disputes, and often used wrongly. The Personal Status Law sets when a wife is considered nashiz, what follows from it, and the main effect: loss of maintenance. Here is the correct meaning, how it is proved, and each spouse's rights.
Reviewed by: Khaled ElnaggarDirector of USUS Law FirmLast updated:
What is nushuz in law?
In general, nushuz is a wife's refusal to fulfil her marital duties without a lawful reason, such as leaving the marital home or refusing to move into it without an excuse. Refusal for a lawful reason, such as the lack of suitable housing or harm, is not nushuz.
| Situation | Is it nushuz? |
|---|---|
| Leaving the marital home without an acceptable excuse | Usually yes |
| Refusing because of harm or abuse | No, it is a lawful excuse |
| The husband not providing suitable housing | No |
| Acting on a condition agreed in the marriage contract | No |
What follows once nushuz is proved?
- The wife's maintenance lapses for the period of nushuz, while the children's right to maintenance remains.
- Nushuz may be a ground for, or affect, separation in khul' and annulment cases.
- It does not automatically remove custody; custody is decided on the child's interest. Read custody and maintenance.
How is a nushuz claim heard?
- The path usually starts with an attempt to reconcile the spouses.
- The husband files a claim to establish nushuz, or raises it in response to a maintenance claim.
- The Personal Status Court examines the reasons and both sides' evidence.
- It rules on whether nushuz is established and on its effect on maintenance.
If the wife wants a separation, read khul' conditions and steps; for the full picture read the Personal Status Law.
This is a general explanation; check the current official text of the Personal Status Law, as every case has its own facts.
Frequently asked questions
Does nushuz remove the wife's right to her dower?
The dower is a separate right established by the contract; nushuz mainly affects maintenance, not the dower.
I left home because of abuse. Am I nashiz?
No, abuse is a lawful excuse, and it is wise to document it with a report or a medical certificate.
Can a husband prove nushuz with a police report alone?
Proof is before the court; a report may be one piece of evidence but is not enough on its own.
A marital dispute that needs a solution?
The Usus Law Firm team handles personal status cases in full confidence, with women lawyers in every branch, in Riyadh and Tabuk.
Legal review: the Usus Law Firm team
A select team of lawyers and legal advisers licensed by the Saudi Ministry of Justice, working from Riyadh and Tabuk, with experience before the general, commercial, labor, criminal, personal status and administrative courts. Every article is reviewed before publication and updated when laws or regulations change.
Last reviewed: 12 October 2026
This article is general legal information and is not a substitute for advice on your specific case. Court proceedings in Saudi Arabia are in Arabic; the official Arabic text of each law prevails.
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