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Zihar
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Zihar or Dhihar (Arabic: ظھار) (Arabic pronunciation: [ðˤihaːr]; Ẓihār): /ˈziːˈhɜːr/; ZEE-hu-Er；is a term used in Islamic jurisprudence, which literally connotes an admonition by Allah to the believers. During pre-Islamic Arabia, Dhihar, was a practice in which a man referred to his wife as his mother or by uttering that, “you are, to me, like my mother”. [1][2][3] This constitutes a form of revocable divorce (although it is invalid). If a husband says these words to his wife, it is highly unlawful for him to have sexual intercourse with her unless he makes recompense by freeing a slave, fasting for two successive months, or feeding sixty poor people.[4]
Background
[edit]Zihar was accepted as a declaration of divorce among pre-Islamic Arabs[5] and it is mentioned in the Quran in reference to Khawla bint Tha'labah, who was divorced by this formula in the chapter 58, verses 1-4:[6]
God has surely heard the words of her who pleaded with you against her husband and made her plaint to God. God has heard what you two said to each other. Surely God hears all and observes all.
Those of you who divorce their wives by declaring them to be their mothers' backs should know that they are not their mothers. Their mothers are only those who bore them. The words they utter are unjust and false: but God pardons and forgives.
Those that divorce their wives by so saying, and afterwards retract their words, shall free a slave before they touch each other again. This you are enjoined to do: God is cognizant of what you do. He that has no slave shall fast two successive months before they touch one another. He that cannot shall feed sixty of the destitute. Thus it is, so that you may believe in God and His apostle. Such are the bounds set by God. Woeful punishment awaits the unbelievers.
Legality
[edit]Zihar is illegal and considered an insult in the Islamic law. It implies that the man, declaring his wife akin to his mother, is guilty of the sin of forbidding the lawful things. It has been proscribed by law and the act does not ensue in divorce. Thus, penalties in the form of setting free a slave, fasting, or feeding the poor have been imposed for it.
References
[edit]- ^ "Zihar Definition". www.duhaime.org. Archived from the original on 2017-12-30. Retrieved 2018-01-05.
- ^ Riḍā, Amīnī, ʻAlī (2007). Taḥrīr ar-Rauḍa fī šarḥ al-Lumʻa. Ǧild 2. Tihrān: Sāzmān-i Muṭālaʻa wa Tadwīn-i Kutub-i ʻUlūm-i Insānī-i Dānišgāhhā [u.a.] ISBN 978-9644596940. OCLC 553888895.
{{cite book}}: CS1 maint: multiple names: authors list (link) - ^ Cappelletti, Mauro (31 January 1972). "International Encyclopedia of Comparative Law". Brill Archive – via Google Books.
- ^ "Al-Zihar". Al-Islam.org. 6 September 2016. Archived from the original on 2017-12-30.
- ^ Ph.D, Prof Drs H. Akh Minhaji, M. A. (1 November 2008). Islamic Law and Local Tradition:: A Socio-Historical Approach. Kurnia Kalam Semesta. ISBN 9789798598340 – via Google Books.
{{cite book}}: CS1 maint: multiple names: authors list (link) - ^ "Surah Al-Mujadila [58:1-4]". Surah Al-Mujadila [58:1-4]. Archived from the original on 2017-12-30.
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Zihar
View on Grokipediafrom Grokipedia
Zihar (Arabic: ظِهَار), also transliterated as dhihar, is a pronouncement in Islamic jurisprudence whereby a husband declares his wife to be akin to a mahram relative—such as the back of his mother—rendering sexual intercourse with her prohibited until expiation (kaffara) is performed, without effecting an immediate divorce.[1][2] Originating as a pre-Islamic Arabian custom that effectively divorced a wife without formal recourse, leaving her in marital limbo, zihar was reformed by Quranic revelation in Surah Al-Mujadila (58:1–4), which responded to the case of Khawla bint Tha'labah whose husband Aws ibn as-Samit invoked it against her, prompting divine legislation that deems the act sinful rather than binding as divorce.[3][4] Under Islamic law, all major schools (Hanafi, Maliki, Shafi'i, Hanbali, and Ja'fari) concur that zihar constitutes an oath-like prohibition requiring atonement—freeing a slave, fasting two consecutive months, or feeding sixty needy persons—after which conjugal rights resume unless further dissolved by talaq or khul'; failure to atone perpetuates the prohibition but does not terminate the marriage.[1][4] This reformation prioritized reconciliation and expiation over unilateral repudiation, reflecting causal constraints on pre-Islamic patriarchal excesses while imposing moral accountability on the husband, though scholarly analyses note its rarity in modern contexts due to legal codifications in Muslim-majority jurisdictions.[5][6]
These variances stem from differing emphases on qiyas (analogy) and hadith authentication: Hanafi prioritizes rational intent and custom, while others lean on Medinan practice or textual literalism.[1] No school deems zihar irrevocable without talaq, preserving Qur'anic reform against pre-Islamic permanence.
Origins and Pre-Islamic Context
Etymology and Cultural Practice
The term zihar (Arabic: ẓihār) originates from the Arabic root ẓ-h-r, denoting "back," specifically alluding to the pre-Islamic declaration likening a wife to the "back" (ẓahr) of one's mother, which invoked a prohibition on conjugal relations analogous to maternal incest taboos.[7][1] This linguistic formulation underscored the cultural gravity of the back as a symbol of forbidden intimacy in ancient Arabian kinship norms, where such analogies carried binding social and ritual weight without requiring judicial oversight.[8] In pre-Islamic Arabian society, known as Jāhiliyyah, zihar functioned as an extrajudicial marital suspension rather than an irrevocable divorce, allowing a husband to abstain from cohabitation indefinitely by pronouncing the formula, thereby rendering his wife sexually inaccessible while retaining her as a nominal spouse and potentially pursuing other unions.[9][10] This practice exploited tribal customs prioritizing male autonomy, often serving as a tool of reproach or coercion amid domestic discord, leaving the wife in legal limbo—neither fully divorced nor entitled to remarriage—exacerbating her economic and social vulnerability in a patrilineal system.[10] Historical accounts indicate it was socially entrenched among Arabs of the Hejaz, reflecting broader Jāhiliyyah norms of arbitrary patriarchal authority over family bonds, devoid of expiation mechanisms or equitable recourse for the affected woman.[9]Effects in Jahiliyyah Society
In pre-Islamic Arabian society, zihar functioned as a unilateral declaration by a husband likening his wife to the back of his mother, thereby prohibiting sexual relations and effectively dissolving the marriage without formal proceedings or obligations toward the wife.[3] This custom allowed men to abandon spouses impulsively, often in fits of anger, leaving women in a precarious limbo—neither fully divorced with rights to maintenance nor free to remarry immediately—exacerbating their economic dependence and social marginalization.[11] The practice deepened gender asymmetries inherent in Jahiliyyah tribal structures, where women lacked independent legal agency in marital dissolution, reinforcing their status as subordinate to male kin or husbands.[6] Families suffered disrupted cohesion, as zihar could sever ties abruptly without regard for offspring, potentially orphaning children economically or scattering lineages amid prevailing intertribal rivalries.[12] Socially, zihar contributed to a culture of marital instability, enabling polygynous men to evade responsibilities toward less favored wives while preserving resources for others, thus perpetuating cycles of female destitution and reliance on tribal charity or concubinage.[7] Absent any expiatory requirements, the declaration carried no personal penalty, embedding it as a tool for male caprice that undermined trust in conjugal bonds and amplified broader societal inequities in an era of rampant usury, vendettas, and resource scarcity.[5]Quranic Reformation
Catalyzing Incident
Khawla bint Tha'labah, wife of the Ansari companion Aws ibn As-Samit, became the central figure in the incident that prompted the Quranic prohibition of zihar as an effective form of separation. During a domestic dispute, Aws pronounced zihar upon Khawla, declaring her "like the back of my mother," invoking the pre-Islamic custom that barred conjugal relations while withholding divorce or maintenance, effectively suspending her marital status indefinitely.[13][14] Distraught, Khawla approached the Prophet Muhammad in Medina to seek redress, lamenting the injustice and pleading that the pronouncement should not equate to her mother in prohibition. The Prophet initially upheld the traditional understanding, stating that Aws's words rendered relations with her haram akin to maternal prohibition, which intensified her despair and led her to invoke Allah directly in supplication outside the Prophet's chamber.[13][15] This appeal catalyzed the revelation of the opening verses of Surah Al-Mujadila (Quran 58:1-4), where Allah explicitly affirms hearing Khawla's plea and declares zihar a sinful innovation, not binding as divorce or maternal prohibition, but requiring expiation (kaffara) for reconciliation—such as freeing a slave, fasting two months consecutively, or feeding sixty poor persons. The incident underscored the Quran's reform of arbitrary pre-Islamic practices, establishing zihar as revocable only through atonement rather than irrevocable separation.[13][14][16]Key Revelations and Principles
The Quranic revelations concerning zihar are primarily found in Surah Al-Mujadila (58:1–4), which were occasioned by the complaint of Khawlah bint Tha'labah to the Prophet Muhammad after her husband, Aws ibn as-Samit, pronounced zihar against her in a fit of anger around 5–6 AH.[17] These verses explicitly reject the pre-Islamic equivalence of zihar to divorce or prohibited kinship, stating, "Those of you who say to their wives, 'You are like my mother,' they are not their mothers," thereby nullifying any legal effect that would render the wife irrevocably forbidden as a mahram relative. This principle underscores causal realism in divine law: metaphorical speech does not alter biological or legal realities, such as motherhood or marital validity, distinguishing Islamic jurisprudence from Jahiliyyah customs where such declarations imposed permanent separation without recourse.[18] A central reformation is the treatment of zihar as a binding oath (yamin) rather than divorce, requiring expiation (kaffarah) before the resumption of conjugal relations to deter frivolous pronouncements and encourage marital reconciliation.[18] The prescribed atonement includes freeing a slave, fasting two consecutive months if unable, or feeding sixty indigent persons if neither is feasible, with the verse emphasizing, "Allah does not lay upon any soul a duty beyond its capacity." This graduated penalty reflects proportionality in Islamic ethics, prioritizing atonement for the sin while preserving the marriage unless formal divorce (talaq) is pursued separately.[19] Broader principles emerging from these revelations include the protection of women's dignity against arbitrary male authority, as evidenced by the divine response validating Khawlah's appeal and reforming a practice that left wives in legal limbo without maintenance rights.[20] The surah frames zihar as a grave moral transgression akin to hypocrisy, warning of hypocrisy's consequences in verses 8–9, thus integrating personal reform with communal accountability.[21] Empirical application in early Medina demonstrated this shift, as Aws reconciled with Khawlah post-expiation, illustrating the Quran's emphasis on verifiable restitution over symbolic gestures.[17]Islamic Jurisprudential Framework
Definition and Immediate Legal Consequences
Zihar, derived from the Arabic term ẓahr meaning "back," refers to a husband's explicit declaration likening his wife—or a part of her body—to the back of his mother or another woman within the prohibited degrees of kinship, such as "You are to me like the back of my mother." This pronouncement, rooted in pre-Islamic Arabian custom, invokes a metaphorical prohibition on conjugal relations. In Islamic jurisprudence, it constitutes a revocable oath rather than a divorce, as reformed by Quranic injunctions in Surah Al-Mujadila (58:1–4), which reject the pre-Islamic interpretation of it as an irrevocable separation while imposing structured consequences.[22][1] Upon utterance, the immediate legal effect is the suspension of sexual intercourse between spouses, rendering it impermissible (haram) for the husband to approach his wife intimately until expiation (kaffarah) is fulfilled. The marital contract remains fully intact, preserving the wife's rights to maintenance, inheritance, and iddah obligations in case of future dissolution, but conjugal rights are withheld. Violation of this prohibition by the husband constitutes a sin, potentially requiring additional atonement in certain interpretations, such as doubled expiation in the Ja'fari school. All major schools of fiqh—Hanafi, Maliki, Shafi'i, Hanbali, and Ja'fari—concur on this prohibition's enforceability, emphasizing that resumption of relations without atonement nullifies the reformative intent of the Quranic ruling.[22][1][1] The wife retains the option to petition a qadi (Islamic judge) for redress if the husband unreasonably delays expiation, potentially leading to compelled performance or, in extreme cases, dissolution of the marriage, though the latter is not automatic. This framework underscores causal realism in Sharia: the pronouncement binds the husband oath-like, prioritizing empirical restraint over unilateral repudiation, without dissolving familial ties absent further action.[22][1]Expiation Requirements (Kaffarah)
The expiation (kaffarah) for zihar, as prescribed in the Quran, requires the husband to perform one of three acts in sequence before resuming marital relations with his wife, rendering the zihar revocable rather than a permanent divorce.[23][18] The primary option is the emancipation of a believing slave; if the husband lacks the means to free a slave, he must fast for two consecutive months.[24] Should he be unable to fast due to incapacity, he is obligated to feed sixty needy persons, providing each with a standard meal equivalent to two average meals or approximately 1.5-2 kilograms of staple food such as wheat, rice, or dates, depending on local norms.[25] This hierarchical structure prioritizes acts of greater atonement—freeing a slave addresses broader social redemption—while ensuring accessibility for those with limited resources, though the Quran emphasizes completion prior to intimacy to underscore the gravity of the pronouncement.[23][4] Repentance (tawbah) accompanies the kaffarah, as zihar itself constitutes a sinful invocation of pre-Islamic taboos, but the expiation specifically lifts the self-imposed prohibition without nullifying the marriage bond.[23] In cases of repeated zihar, some jurists hold that additional expiation applies per instance, though the Quranic text addresses the initial revocation without explicit stipulation for multiples.[26] Modern adaptations substitute slave emancipation with charitable equivalents, such as feeding or financial aid to the equivalent value, reflecting the abolition of slavery in Islamic contexts since the 20th century, while preserving the fasting and feeding options intact.[27] The performance of kaffarah does not require mutual consent from the wife but serves as a legal prerequisite for reconciliation, deterring casual use of zihar as a tool for marital coercion.[18]Variations Among Fiqh Schools
The four major Sunni schools of fiqh—Hanafi, Maliki, Shafi'i, and Hanbali—concur that zihar renders marital intercourse prohibited until kaffarah is fulfilled, without dissolving the marriage contract, and treat it as a revocable oath-like prohibition rooted in Qur'an 58:3–4.[27] All require the husband to be adult, sane, and acting voluntarily for validity, with no need for witnesses or a waiting period like ila'. Kaffarah mirrors oath expiation: freeing a slave, feeding or clothing ten poor persons adequately, or fasting three consecutive days if unable; failure to perform basic kaffarah obligates the heavier alternative of freeing a slave, fasting two consecutive months, or feeding sixty poor persons. Intercourse post-zihar but pre-kaffarah constitutes a grave sin but not zina, as the nikah persists.[28] Differences emerge in interpretive details, such as the precision of the pronouncement and kaffarah specifics. The Hanafi school demands explicit likening to the mother's back (or equivalent prohibited relative via nasab or breastfeeding) with clear intent to prohibit relations; vague, partial (e.g., likening only a limb), or conditional zihar (e.g., "if you leave, you are like my mother") lacks effect unless the condition materializes and intent is prohibitive. Any slave suffices for kaffarah manumission.[28] In contrast, the Shafi'i and Maliki schools validate broader pronouncements, including partial or metaphorical comparisons (e.g., to a mahram's hand) if intended to bar intercourse, emphasizing the husband's resolve over exact phrasing. Both mandate a believing (Muslim) slave for manumission in kaffarah, rejecting non-Muslim slaves to align with freeing from disbelief's bondage. The Hanbali school aligns closely with Shafi'i on wording flexibility but shares the majority preference for a Muslim slave, though it stresses stricter adherence to Qur'anic satisfaction of the poor in feeding equivalents.[29]| Aspect | Hanafi | Maliki/Shafi'i/Hanbali (Majority View) |
|---|---|---|
| Pronouncement Scope | Strict: full back or equivalent; partial invalid | Flexible: partial or mahram parts valid if intent prohibitive |
| Slave for Kaffarah | Any slave acceptable | Must be believing (Muslim) slave |
| Conditional Zihar | Binding only if condition occurs | Generally invalid unless absolute |