Zihar () is a term used in
Islamic Jurisprudence
''Fiqh'' (; ar, فقه ) is Islamic jurisprudence. Muhammad-> Companions-> Followers-> Fiqh.
The commands and prohibitions chosen by God were revealed through the agency of the Prophet in both the Quran and the Sunnah (words, deeds, and e ...
, which literally means “you are, to me, like my mother”. It is a form of
divorce
Divorce (also known as dissolution of marriage) is the process of terminating a marriage or marital union. Divorce usually entails the canceling or reorganizing of the legal duties and responsibilities of marriage, thus dissolving the ...
(though invalid) and if a husband says these words to his wife, it is not lawful for him to have
intercourse for with her unless he recompense by freeing a
slave
Slavery and enslavement are both the state and the condition of being a slave—someone forbidden to quit one's service for an enslaver, and who is treated by the enslaver as property. Slavery typically involves slaves being made to perf ...
,
fasting
Fasting is the abstention from eating and sometimes drinking. From a purely physiological context, "fasting" may refer to the metabolic status of a person who has not eaten overnight (see " Breakfast"), or to the metabolic state achieved after ...
for two successive months, or feeding sixty poor people.
Background
Zihar was accepted as a declaration of
divorce
Divorce (also known as dissolution of marriage) is the process of terminating a marriage or marital union. Divorce usually entails the canceling or reorganizing of the legal duties and responsibilities of marriage, thus dissolving the ...
among pre-Islamic
Arabs
The Arabs (singular: Arab; singular ar, عَرَبِيٌّ, DIN 31635: , , plural ar, عَرَب, DIN 31635, DIN 31635: , Arabic pronunciation: ), also known as the Arab people, are an ethnic group mainly inhabiting the Arab world in Wester ...
and it is mentioned in the
Quran
The Quran (, ; Standard Arabic: , Classical Arabic, Quranic Arabic: , , 'the recitation'), also romanized Qur'an or Koran, is the central religious text of Islam, believed by Muslims to be a revelation in Islam, revelation from God in Islam, ...
in reference to
Khawla bint Tha'labah, who was divorced by this formula in the chapter 58, verses 1-4:
Legality
Zihar is
illegal
Illegal, or unlawful, typically describes something that is explicitly prohibited by law, or is otherwise forbidden by a state or other governing body.
Illegal may also refer to:
Law
* Violation of law
* Crime, the practice of breaking the ...
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. It is condemned in the law. Thus, penalties in the form of setting free a slave, fasting, or feeding the poor have been imposed for it.
References
{{Reflist
Islamic terminology
Islamic jurisprudence
Arabic words and phrases in Sharia
Divorce in Islam