Stories of women falling victim to domestic abuse, whether physical or emotional, particularly at the hands of their husbands, have unfortunately become all too common in today’s society.
In some tragic cases, the outcome is death, whether of the wife or the husband. When this happens, society often wonders why the wife doesn’t leave the home and escape from an irresponsible husband.
The common response is that the wife doesn’t work and is fully dependent on him. Additionally, she may fear being labelled as nusyuz (disobedient to her husband) and losing custody of her children.
According to statistics from the Royal Malaysia Police, 12,324 domestic violence cases were recorded nationwide over the five years since 2019. However, it cannot be denied that the actual number may be much higher, as not all victims come forward to the authorities due to various reasons known only to them.
THE DILEMMA OF NUSYUZ
Addressing this issue, Dr Khairul Azhar Meerangani, a senior lecturer at the Academy of Contemporary Islamic Studies, Universiti Teknologi Mara, explained that Islam grants a wife the right to leave a marriage filled with abuse to ensure her safety.
He said a husband who commits oppression violates his responsibilities as the leader of the family. Therefore, leaving a toxic marriage is not an act of disobedience (nusyuz); instead, it is a form of self-protection permitted by Islamic law.
Expanding further, Khairul Azhar said nusyuz is often a term that strikes fear in the hearts of wives, pushing them to accept their husband's behaviour without question.
“Essentially, nusyuz refers to a wife’s disobedience to her husband’s rights and authority without a valid reason permitted by Islamic law. In other words, if there is a legitimate reason under Islamic law, such as physical or mental harm, it is permissible for a wife to leave the home to protect herself from such danger.
“According to Sheikh Muhammad al-Zuhayli, a wife who is oppressed is advised to remind her husband of the dire consequences of his unjust actions. If the husband changes and improves, that would be the best outcome. However, if the husband refuses to change, the wife should bring the matter to the attention of a judge to assert her rights,” he told Bernama in an interview recently.
He added that a judge plays a vital role in restoring the rights of the oppressed wife, as she may be unable to resolve the matter independently.
“If the husband continues his abusive behaviour, the wife has the right to request the judge to take appropriate action against him,” he said.
When asked from a religious perspective whether a wife can be considered nusyuz for leaving her home due to her husband’s abuse, Khairul Azhar said a wife who leaves her home due to abuse does not fall under the category of nusyuz.
“In Islam, nusyuz only applies if a wife intentionally refuses to fulfil her responsibilities without a valid reason. On the other hand, a husband’s abuse nullifies his right to be obeyed. A husband who mistreats his wife has violated Islamic law and undermined the concept of a harmonious marriage,” he said.
Khairul Azhar further explained that in cases of abuse, a wife is not obligated to obey an oppressive husband, as obedience is only required in matters that do not contradict Allah’s laws.
“As stated in a hadith of the Prophet Muhammad (PBUH): ‘There is no obedience to creation in matters that lead to disobedience to the Creator (Allah). Indeed, obedience is only in matters of goodness’ (Hadith narrated by al-Bukhari).”
He stressed that a husband who abuses his wife is committing a sin against Allah and His Messenger.
THE RIGHT TO LEAVE A TOXIC MARRIAGE
“In facing such situations, Islam provides a way out through divorce, fasakh (dissolution of marriage), or khuluq (redemption of divorce),” said Khairul Azhar.
He added that these measures aim to protect the rights and safety of women from ongoing abuse and domestic violence.
Khairul Azhar defined domestic violence in the context of Islam as any form of oppression or mistreatment inflicted by a person on their family members, including their spouse. This can take physical, mental, emotional, or sexual forms.
“Domestic violence contradicts the principles of Islam, which emphasise love and harmony within a household. Those who engage in violence are opposing the family-oriented guidance advocated by Islam, as highlighted in the Prophet Muhammad’s (PBUH) saying: ‘The best among you is the one who is best to his wife, and I am the best among you to my wife.’ (Hadith narrated by Ibn Majah).
“This hadith clearly shows that Islam prohibits all forms of violence against wives and instead promotes kind treatment,” he said.
ACTION
Victims of abuse have the right to pursue a happier life and should not have to endure suffering indefinitely. According to Khairul Azhar, housewives who are victims of domestic violence can take several actions, including reporting to the authorities.
“A wife can lodge a police report or seek assistance from the Social Welfare Department (JKM), apply for an Interim Protection Order (IPO), or request an Emergency Protection Order (EPO) to protect herself from an abusive husband.
“Oppressed women can also file for fasakh (dissolution of marriage) or khuluq (redemption of divorce) through the Shariah court. Wives can apply for the dissolution of marriage, as this procedure is permitted in cases of physical or mental abuse,” he said.
He also advised unemployed women to prepare themselves by acquiring skills to achieve financial independence, reducing reliance on an abusive husband.
“Not only will this help wives become more self-sufficient, but it also strengthens their resilience in facing future challenges,” he added.
Regarding fears that unemployed women may lose custody of their children after escaping an abusive marriage, Khairul Azhar explained that under Islamic law, child custody (hadanah) prioritises the welfare of the children.
“Wives need not worry about the financial burden of caring for their children. Women who have been mistreated have the right to claim reasonable financial support from their husbands through legal procedures, including nafkah iddah (maintenance during the waiting period after divorce), mutaah (compensation for divorce), and jointly acquired property (harta sepencarian).
“Unemployed wives can also claim assets based on their contributions during the marriage, such as household management and other forms of support,” he said.
LEGAL RIGHTS
Meanwhile, under the Domestic Violence Act 1994, Section 2 defines domestic violence as encompassing one or more acts, such as intentionally or knowingly placing or attempting to place the victim in fear of physical injury.
Lawyer Muhammad Hariz Md Yusoff explained that this section also covers abuse, such as confining or detaining the victim without consent, threatening the victim to instil fear for their safety or property, causing distress, and inflicting psychological abuse, including emotional harm.
“Victims can seek emergency protection from JKM or call the Nur Kasih hotline at 15999. Additionally, they can obtain an IPO under Section 4 of the Domestic Violence Act 1994.
“Under this section, victims of domestic violence can apply for an IPO in court to prevent their husbands from continuing the abuse while the police investigation is ongoing,” he said.
The Shariah lawyer from Tetuan Hariz Syakinah & Co added that when criminal proceedings against the husband commence, the wife must apply for a protection order in court under Section 5 of the Domestic Violence Act 1994.
“According to Section 7 of the Domestic Violence Act 1994, if the court is satisfied that the person under the protection order or interim protection order is likely to suffer actual physical injury, the court shall include an arrest warrant in the protection order or interim protection order.
“Being unemployed is not a reason to endure a dangerous relationship. This country provides legal support and protection for women facing such situations,” he said.
EMPOWER THROUGH KNOWLEDGE
The lawyer advised women to rise above their circumstances and not allow themselves to remain trapped in spousal violence. According to Muhammad Hariz, unemployed women must build self-confidence, courage, and an understanding of their rights.
“They need to realise that there is nothing wrong with escaping abuse, and every woman has the right to protection and justice. In more challenging cases, support from lawyers or organisations that assist abused women is essential,” he said.
He emphasised that even as housewives, women should never remain silent and must understand their right to seek protection.
“Do not be afraid to file a report or seek help. Look for support from family, friends, or welfare organisations, as well as external resources that can empower you,” he added.
Regarding child custody, the legal practitioner said that under the legal system, a wife who flees domestic violence has the right to apply for custody of her children.
“Child custody will be determined by the Shariah court based on the welfare and best interests of the children. Being unemployed is not a barrier to obtaining custody rights.
“Women need to file for fasakh (dissolution of marriage) in court so that the marriage can be annulled if the husband refuses to divorce them. After that, they can file a custody (hadanah) application in court, attaching the husband’s conviction for domestic violence,” he explained.
He further said that courts typically consider broader factors when determining custody, including the children’s emotional well-being and safety.
Muhammad Hariz also stressed that wives should understand their rights as homemakers and learn about their legal entitlements to act accurately and efficiently if abuse occurs.
Translated by Salbiah Said
BERNAMA provides up-to-date authentic and comprehensive news and information which are disseminated via BERNAMA Wires; www.bernama.com; BERNAMA TV on Astro 502, unifi TV 631 and MYTV 121 channels and BERNAMA Radio on FM93.9 (Klang Valley), FM107.5 (Johor Bahru), FM107.9 (Kota Kinabalu) and FM100.9 (Kuching) frequencies.
Follow us on social media :
Facebook : @bernamaofficial, @bernamatv, @bernamaradio
Twitter : @bernama.com, @BernamaTV, @bernamaradio
Instagram : @bernamaofficial, @bernamatvofficial, @bernamaradioofficial
TikTok : @bernamaofficial
