ZIHAR

Prepared by:

Farah Hanim Rosli 10BT01005

Nasiha Jawahir Mohamad 09BT02015
Wan Dina Sabrina Za’aba 09BT02018
Nurazlin Nor Bahari 09BT01026
 INTRODUCTIO
Nthis case a metonym for “body”
Zahr in Arabic is (“back”) being in

Zihar means one's addressing a specified woman like one's wife

and etc., and saying something like, “ You to me are like the back of
my mother.”

During the time of Jahiliyyah, in pagan Arab society, this mode of

divorce was considered final and irrevocable but a woman thus
divorced was not allowed to remarry, and had to remain forever in
her former husband’s custody.

The specific injustice of this divorce is that the woman virtually

becomes a household slave. She looses her rights and status as a
spouse but is not free to marry anyone else.
 CAUSE OF
R E V E L AT I O N
Sayyidna Aus Ibn Samit was Sayyidah Khaulah bint Tha'labah’s
husband and had grown old and difficult. One day, he came to her
and argued about something and he said, out of anger, “You are to
me like the back of my mother.”

Its underlying meaning is “You are unlawful to me for cohabitation

just like my mother.”

Then he came back and wanted to have sexual intercourse with

her. She said, “No, by the One in Whose Hand is the soul of
Khuwaylah! You will not have your way with me after you said what
you said, until Allah and His Messenger issue judgement about our
case.”
 Up to that point in time the Messenger of Allah had not received
any revelation concerning that legal issue. Therefore he expressed his
opinion according to common custom and said: "In my opinion, you
have become forbidden to him."

Having heard this ruling, she pleaded: "O Allah's Messenger! He

spent my wealth, exhausted my youth and my womb bore abundantly
for him. When I became old, unable to bear children, he pronounced
the zihar formula on me. Where shall I go and how will my children do
their living?“

According to another version, she said: "My husband did not

mention the word ‘divorce’, so how can this be counted as ‘divorce’ ?”

According to another version, she pleaded to Allah: "O Allah! I direct

my complaint to You .
 THE EVIDENCE
 
َ ‫ون ِمنك ُم ِ ّمن ِن ّ َسا ِئ ِهم ّ َما ُه َّن أ ُ ّ َم َها ِت ِه ْم ِإ ْنأ ُ ّ َم َهاتُ ُه ْم ِإلَّا اللَّا ِئي َول َْدن َ ُه ْم َو ِإن ّ َُه ْم ل َيَقُول‬
‫ُون ُمنك ًَرا‬ َ ‫ال َّ ِذ‬
ِ ‫ين يُ َظ‬
َ ‫اه ُر‬
)58:2( ‫ور‬ َ ٌ‫ِ ّم َن ال ْ َق ْو ِل َو ُز ًورا َو ِإ َّن الل َّ َه ل ََع ُف ّو‬
ٌ ‫غ ُف‬

If any men among you divorce their wives by Zihar (calling them
mothers), they cannot be their mothers: None can be their mothers
except those who gave them birth. And in fact they use words (both)
iniquitous and false: but truly Allah is one that blots out (sins), and
forgives (again and again).

58 - Surah Al-Mujadila  Ayaat(2)
 THE
َE
  ‫ون‬ َ ُ‫ت‬V
‫وع ُظ‬ ‫ َذلِك ُْم‬I‫اسا‬
َّ D
‫ن يَتَ َم‬E
َ ‫قَبْ ِلأ‬N
‫ ٍة ِ ّمن‬C
َ‫ير َرقَب‬Eْ َ‫َالُوا( َفت‬c‫ َما ق‬oِ‫ ُود َونل‬n‫ يَ ُع‬tَ‫ ث ُّم‬i‫ ِئ ِه ْم‬n‫ن ِنّ َسا‬u‫ َون ِم‬e‫ ِاه ُر‬.‫يُ َظ‬.‫َوالَّ ِذ) َين‬
ُ ‫ح ِر‬
َّ ‫)ف ََمن ل َّ ْم يَجِ ْد ف َِصيَا ُم َش ْه َريْ ِن ُمتَتَا ِب َعيْ ِن ِمن قَبْ ِلأَن يَتَ َم‬58:3( ‫ير‬
‫اسا ف ََمن‬ ٌ ‫خ ِب‬ َ ‫ِب ِه َوالل َّ ُه ِب َما تَ ْع َمل‬
َ ‫ُون‬
‫اب‬
ٌ ‫ع َذ‬
َ ‫ين‬ َ ‫ود الل َّ ِه َولِلْك َا ِف ِر‬
ُ ‫ين ِم ْس ِكينًا َذلِ َكلِتُ ْؤ ِمنُوا ِبالل َّ ِه َو َر ُسولِ ِه َو ِتل َْك ُح ُد‬
َ ّ‫ل َّ ْم يَ ْستَ ِط ْع َف ِإ ْط َعا ُم ِس ِت‬
)58:4( ٌ‫أَلِيم‬

But those who divorce their wives by Zihar, then wish to go back on
the words they uttered,- (It is ordained that such a one) should free a
slave before they touch each other: Thus are ye admonished to
perform: and Allah is well-acquainted with (all) that they do. And if any
has not (the wherewithal), he should fast for two months consecutively
before they touch each other. But if any is unable to do so, he should
feed sixty indigent ones, this, that ye may show your faith in Allah and
His Messenger. Those are limits (set by) Allah. For those who reject
(Him), there is a grievous Penalty.

58 - Surah Al-Mujadila  verse 3-4

 THE
THE HUSBAND
PILLAR
~ From husband that eligible his talaq
~ The sane husband
~ With the desire of the husband without nobody forced

THE WIFE

~ The legal wife

~ Should be wife, even though the wife was child, mad, sick,
or even pagan kitabiah or still in idah raj’i.

THE PART OF BODY THAT BEEN COMPARED

~ The body that prohibit to mahram see (stomach and private

parts).
~ The body must be from the woman that prohibit to the man
married(mother,sister).
 THE
PILLAR(continue..)
THE PRONOUNCE OF ZIHAR/SIGHAH

~ With intention if it with kinayah

~ There are not required for sickle zihar, must use words
that provide an understanding of the current.
~ Must be the  words based on the female body, either
totally or juzu
 HUKM
The woman will continue to be his wife but the husband
cannot do sexual intercourse, touch her and see her genitals

She will remain forbidden for him howsoever long a period

may pass

But after giving compensation (Kaffarah) they can live as

husband and wife and there is no need for remarriage

If the husband did sexual intercourse with her without

giving kaffarah then it would be a major sin
 THE
P E N A LT Y ( K A F FA R A H )
Freeing of a slave before they touch one another

Fast two successive months before they both touch each

other

Feed sixty poor people

 CONCLUSION

It consider as Zihar when he compared with the person that

prohibited to married with him permanently

The comparison involved some part of body which is prohibited to

see for mahram. If it is other part of body, it will not consider as
Zihar

It also not consider as Zihar if the compared person is a man

It is forbidden to intercourse if the husband did not do the penalty

(kaffarah)
THE END
THANK YOU