Ruling of Ziha'ar (الظهار)

[IceTea]

The Ziha'ar came from the word back and it is when the husband compares his wife to those who can't marry them like his mother, sister, etc. For example he says to his wife "You are like my mother's/sister's back".

It is stated in below Quran verses and how the husband should pay back if he said such thing to his wife.

This is how Islam honour and care about the wife's rights.



[58:2] Those among you who make their wives unlawful to them by (Zihâr) (i.e. by saying to them "You are like my mother's back,") they cannot be their mothers. None can be their mothers except those who gave them birth. And verily, they utter an ill word and a lie. And verily, Allâh is Oft-Pardoning, Oft-Forgiving.

[3] And those who make unlawful to them their wives by Zihâr and wish to free themselves from what they uttered, (the penalty) in that case is the freeing of a slave before they touch each other. That is an admonition to you (so that you may not return to such an ill thing). And Allâh is All-Aware of what you do.

[4] And he who finds not (the money for freeing a slave) must fast two successive months before they both touch each other. And for him who is unable to do so, should feed sixty of Miskîns (poor). That is in order that you may have perfect Faith in Allâh and His Messenger. These are the limits set by Allâh. And for disbelievers, there is a painful torment.

[STING]

It always bothered me how many youngsters try to act really noble and sincere when trying to talk to one from the opposite sex here. They make sure they put the word "brother" or "sister" at the end, although they both know they like each other.

[Reluctant]

In the name of Allah, the Compassionate, the Merciful

Assalaamu aleykum wa rahmatullah

InshaAllah brother IceTea won't mind if I expand on his point a little bit and cite a passage that I once read that demonstrates the nature of zihar and Islam's response to it--contextualize the issue a bit and bring Islam's message and spirit into focus. This is taken from Ingrid Mattson's book, "The Story of the Qur'an: Its History and Place in Muslim Life," which can be purchased here: http://www.amazon.com/Story-Quran-History-Place-Muslim/dp/1405122587/ref=si3_rdr_bb_product. This is from pages 1-4 and can be read as well via the page preview on the website.

Chapter 1

God Speaks to Humanity

God Hears and Responds

Before God mentioned her, Khawla Bint Tha'laba was apparently an ordinary woman living in seventh-century Medina in the Arabian Peninsula. For every person in this tribally organized sedentary community, dignity and honor were, to a large extent, commensurate with the status of his or her group. Descent (nasab) or affiliation (wala') with a powerful clan was, for many people, a decisive factor in determining physical security and material success. Still, every individual had opportunities to prove the strength of his or her own character (hasab). For men, politics and war were arenas of particular distinction. Most women had little chance of significantly contributing to these areas of public life, although there were notable exceptions. Rather, most women distinguished themselves by establishing and maintaining beneficial relationships with family, neighbors, and guests. Beauty, an energetic spirit, generosity, loyalty--these were the hallmarks of a noble woman. As the charms of youthful beauty faded, a woman could expect to earn increasing respect and gratitude for the relationships she had cultivated over the years.

It may have been anger that made Aws ibn Samit reject his wife with the vulgar expression, "To me, you are like the backside of my mother." Whatever the reason, after so many years of marriage, these words reduced Khawla to the status of his mother's behind (completely devoid of sensual attraction). Moreover, according to Arab custom, there was no way to revoke the declaration of zihar. Henceforth, it was prohibited for Aws to touch Khawla, yet she was not free of the marital bond. Sympathetic family and friends had no power to override such norms and customs. Khawla's only chance was to appeal to a power higher than social custom and patriarchal authority. And so, Khawla complained to God.

Complaining to God is not difficult: The challenge is eliciting a satisfactory response. In what Marshall Hodgson termed the "Irano-Semitic" tradition, the expected response from God entailed not only spiritual comforting but also social transformation. At the individual level, God could send a sign: A kind stranger with food and comforting words, the sun breaking free of the rain clouds, a heavenly vision appearing in a dream. Transforming society, on the other hand, required a different kind of intervention. It is for this purpose that God sent prophets to speak on His behalf, empowered to overturn the existing social order.

When Khawla first went to the Arabian prophet to complain of the injustice done to her, she was disappointed. Muhammad indicated that existing customs remained normative unless God revealed a new ruling, and the Prophet had received no revelation about this issue. Khawla did not give up hope, for she knew that this custom was unjust: She continued to complain to God, and waited near His Messenger, expecting him to receive a revelation. Then the answer arrived:

God has heard the words of she who disputes with you regarding her husband and made her complaint to God. God hears your conversation. Verily God is all-hearing, all-seeing.
Those of you who shun their wives by zihar--they are not their mothers. Their mothers are only those women who gave birth to them. Indeed they utter words that are unjust and false; but God is Absolving of Sins, All-Forgiving. The Qur'an 58:1-2

With these verses God confirmed Khawla's conviction that what had been done to her was unjust and was to be prohibited by law. Upon hearing this revelation, A'ishah, the Prophet's wife who later would herself desperately need God to hear and respond to unjust claims made against her, declared, "Blessed is He whose hearing encompasses all things!"

Defining the Qur'an

Khawla's story shows the Messenger of God to be a man deeply involved in the lives of those around him. More importantly, Khawla's story shows that God's speech can be elicited by the concerns of ordinary people. The Qur'anic revelation, although transmitted through the Prophet, is not a response to his concerns alone. From an Islamic theological perspective, God created a community of men and women to whom he wanted to speak, in a manner that would have universal and eternal significance for people of other times and places.

This ruling on a form of divorce customary among pre-Islamic Arabs is one of a number of specific rulings that were revealed to Muhammad to rectify injustices present in his community. Other rulings deal with more general evils present in all societies, such as murder, theft, and betrayal of trust. Exhortations to strengthen the bonds of community are also found in abundance in the Qur'an. Honoring parents, sheltering orphans, giving charity, and fighting oppression are among the duties and hallmarks of the righteous. The foundation of all these legal and ethical pronouncements is faith in the one true God, the creator and sustainer of all creation.

Much of the Qur'anic revelation, however, is not, as is the case with Khawla's story, obviously related to any historical event or legal dispute. The Qur'an is also infused with invocations, supplications, and doxologies:

Blessed is He in whose hand is the dominion, and He has power over all things.
He who created death and life to test which one of you is best in deeds, and he is Eminent, the All-Forgiving. 67:1-2

Perhaps these were the words God spoke to the Prophet in his solitary moments, as he stood praying deep into the night. Other passages in the Qur'an are clearly directed to the Prophet individually, commanding him to rise and warn his people or listen carefully to the revelation (74:1-7). Many passages of the Qur'an narrate incidents in the lives of pre-Islamic Hebrew and Arabian prophets and show how the resistance and hardship Muhammad faced in his mission to guide others to God is mirrored in the righteous struggles of his ancestors in faith:

We sent messengers before you to the communities of old; and we never sent a messenger but that they mocked him. 15:10-11

Together, these legal judgments, prayers, and narrative passages form a unity by virtue of their status as God's words, revealed to the Prophet Muhammad.

In later chapters, we will explore these themes in more depth and we will describe how the Qur'an became a textual unity that encompassed numerous discrete revelations addressing diverse issues. In this chapter, we will describe the historical context of the revelation, show how Muhammad received God's message, and consider how the Qur'an describes itself in relation to other forms of God's speech and guidance to humanity.

اللَّهُمَّ فَقِّهْنَا فِى الدِّيْنِ

Ameen.

Feamanillah.

[IceTea]

Ameen, thanks brother for adding the story behind it.

[Reluctant]

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).
( سورة المجادلة , Al-Mujadila, Chapter #58, Verse #2)

The Prophet is closer to the Believers than their own selves, and his wives are their mothers. Blood-relations among each other have closer personal ties, in the Decree of Allah. Than (the Brotherhood of) Believers and Muhajirs: nevertheless do ye what is just to your closest friends: such is the writing in the Decree (of Allah)
( سورة الأحزاب , Al-Ahzab, Chapter #33, Verse #6)

Discuss.