Reciprocal Nushūz and Tamkīn of Spouses in Shia and Sunni Exegeses: A Study through the Lens of Mutual Wilāyah of Believers in the Qur’an

In the realm of marital relations, the terms tamkīn (submission) and nushūz (disobedience) are frequently used in Islamic jurisprudence and law. While nushūz is explicitly mentioned in the Qur’an, tamkīn, meaning the opposite state of nushūz, is not. Although nushūz is used in the Qur’an for both men and women, in Islamic jurisprudence, and particularly in Iranian law, both tamkīn and nushūz are predominantly ascribed to wives. The concept of nushūz and tamkīn in husbands has not been adequately addressed, nor has there been commensurate legislation on the matter. Qur’anic commentaries have also predominantly focused on the nushūz of wives, rather than husbands, which may explain the neglect of husbands' nushūz in jurisprudence and the lack of corresponding legislation.This study, grounded in an analysis of three Qur’anic verses, Q. 4:34, Q. 4:128, and Q. 9:71, and their interpretation in several prominent Shia and Sunni commentaries across different periods, adopts a Qur’an-by-Qur’an exegetical approach to explore the concepts of nushūz and tamkīn for both spouses. Using linguistic, semantic, and hermeneutic methods, the findings of this research indicate that the concept of mutual tamkīn between spouses can be articulated based on the principle of mutual guardianship (wilāyah) of believers as outlined in verse Q.9:71. In this framework, reciprocal tamkīn between spouses is understood as a commitment to fulfilling religious and ethical responsibilities and a mutual acceptance of enjoining good and forbidding evil in their relationship.