fiqh(zihar)

³ You to me are like the back of my mother. 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. this mode of divorce was considered final and irrevocable but a woman thus divorced was not allowed to remarry. .´ During the time of Jahiliyyah.Zahr in Arabic is (³back´) being in this case a metonym for ³body´ Zihar means one's addressing a specified woman like one's wife and etc. and had to remain forever in her former husband¶s custody. and saying something like.. in pagan Arab society.

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. ³No. until Allah and His Messenger issue judgement about our case. ³You are to me like the back of my mother. She said.´ Then he came back and wanted to have sexual intercourse with her. he came to her and argued about something and he said.´ Its underlying meaning is ³You are unlawful to me for cohabitation just like my mother. One day. out of anger.´ .Sayyidna Aus Ibn Samit was Sayyidah Khaulah bint Tha'labah¶s husband and had grown old and difficult.

unable to bear children. When I became old. she pleaded: "O Allah's Messenger! He spent my wealth. Therefore he expressed his opinion according to common custom and said: "In my opinion. . she pleaded to Allah: "O Allah! I direct my complaint to You . Where shall I go and how will my children do their living?³ According to another version.Up to that point in time the Messenger of Allah had not received any revelation concerning that legal issue." Having heard this ruling. exhausted my youth and my womb bore abundantly for him. so how can this be counted as µdivorce¶ ?´ According to another version. he pronounced the zihar formula on me. she said: "My husband did not mention the word µdivorce¶. you have become forbidden to him.

and forgives (again and again). And in fact they use words (both) iniquitous and false: but truly Allah is one that blots out (sins). they cannot be their mothers: None can be their mothers except those who gave them birth.(58:2) If any men among you divorce their wives by Zihar (calling them mothers).Surah Al-Mujadila Ayaat(2) . 58 .

he should feed sixty indigent ones. And if any has not (the wherewithal). he should fast for two months consecutively before they touch each other.. For those who reject (Him). there is a grievous Penalty. But if any is unable to do so.(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. that ye may show your faith in Allah and His Messenger. Those are limits (set by) Allah. 58 .(58:3) (58:4) But those who divorce their wives by Zihar. then wish to go back on the words they uttered. this.Surah Al-Mujadila verse 3-4 .

sister). . ~ The body must be from the woman that prohibit to the man married(mother. even though the wife was child. THE PART OF BODY THAT BEEN COMPARED ~ The body that prohibit to mahram see (stomach and private parts).THE HUSBAND ~ 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. mad. sick. or even pagan kitabiah or still in idah raj¶i.

must use words that provide an understanding of the current. either totally or juzu .THE PRONOUNCE OF ZIHAR/SIGHAH ~ With intention if it with kinayah ~ There are not required for sickle zihar. ~ Must be the words based on the female body.

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 .

Freeing of a slave before they touch one another Fast two successive months before they both touch each other Feed sixty poor people .

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. 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) . If it is other part of body.

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