Z̤ihār (ظهار‎)

Z̤ihār (ظهار‎)

Definition

Z̤ihār (ظهار‎) is a term in Islamic law that refers to a specific form of imprecation or wrongful analogy used by a husband, equating his wife to a female relative within the prohibited degrees of marriage. This comparison is typically applied in a derogatory manner, resulting in a temporary suspension of marital rights until expiation is performed.

Etymology and Translation

• Etymology: The word “Z̤ihār” is derived from the Arabic root ظَهَرَ (ẓahara), which means “to appear” or “to be apparent,” and is specifically linked to the term for “back” (ظهر). The practice involves the phrase “Thou art unto me as my mother’s back” (أنت عليّ كظهر أمي, Anti ʿalaiya ka-ẓahri ummi).
• Arabic: ظهار‎
• Turkish: Zıhar

Quranic Context

The practice of Z̤ihār and its implications are outlined in the Quran, specifically in Surah Al-Mujadila (58:1-5):

<p>&ldquo;God hath heard the words of her who pleaded with thee against her husband, and made her plaint to God; and God hath heard your mutual intercourse: for God Heareth! Beholdeth.</p> <p>As to those of you who put away their wives by saying, &lsquo;Be thou to me as my mother’s back&rsquo;—they only are their mothers who gave them birth! They certainly say a blameworthy thing and an untruth.</p> <p>But truly, God is Forgiving, Indulgent. And those who thus put away their wives, and afterwards would recall their words, must free a captive before they can come together again. To this are ye warned to conform: and God is aware of what ye do.</p> <p>And he who findeth not a captive to set free, shall fast two months in succession before they two come together. And he who shall not be able to do so, shall feed sixty poor men. This, that he may believe in God and His Apostle. These are the statutes of God: and for the unbelievers is an afflictive chastisement!”</p>

Historical Context

• Before the advent of Islam, Z̤ihār was considered a form of irrevocable divorce.
• Muhammad’s revelation provided a temporary prohibition with mandatory expiation, transforming it from a permanent estrangement to a temporary one.

Expiation

The expiation for Z̤ihār involves the following steps:

1. Freeing a Slave: If possible, the husband must free a captive.
2. Fasting: If he cannot free a slave, he must fast for two consecutive months.
3. Feeding Sixty Poor Persons: If fasting is not possible, he must feed sixty poor people.

Case Study: Khaulah bint Tha’labah

The verse in Surah Al-Mujadila was revealed following the case of Khaulah bint Tha’labah, whose husband, Aus ibn As-Samit, used the Z̤ihār formula against her. Her earnest plea to the Prophet Muhammad led to the relaxation of the ancient Arab custom, introducing the requirement for expiation.

Further Reading

• “Hidāyah: Classic Treatise on Hanafi Jurisprudence” by Burhan al-Din al-Marghinani
• “The Oxford Handbook of Islamic Theology” by Sabine Schmidtke
• “The Study Quran: A New Translation and Commentary” by Seyyed Hossein Nasr

Takeaways and Conclusion

• Takeaways:

  • Z̤ihār is a serious marital issue in Islamic law requiring expiation.
  • It highlights the evolving nature of Islamic jurisprudence from pre-Islamic practices to more structured legal requirements.
  • The Quranic intervention provides a balance of maintaining marital ties while mandating accountability and expiation for wrongful acts.

• Conclusion: The concept of Z̤ihār underscores Islamic principles of marital respect, accountability, and the transformative power of divine intervention in legal matters. By understanding Z̤ihār, one gains insight into the ethical and legal fabric of Islamic marital relationships.