📜 Understanding Z̤IHĀR (ظهار): The Islamic Law of Imprecation
Definition
Z̤IHĀR (ظهار) - Z̤ihār literally means “likening to the back.” It is a form of imprecation in Islamic law that historically resulted in the separation of a husband and wife. The husband would declare his wife to be like his mother or any prohibited kin, resulting in a temporary prohibition until certain expiation rites were fulfilled.
Etymology and Background
The term Z̤IHĀR comes from the Arabic root “ظَهَر” (ẓaḥr), which means “back.” It was customary among pre-Islamic Arabs to use this term to create a metaphorical divorce, likening the wife’s body to the prohibited body parts of their maternal kin. With the advent of Islam, the concept underwent a significant change.
Qur’ānic Reference
Z̤IHĀR is addressed in the Quran in Sūrah Al-Mujādilah [58:1-5]:
“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 discourse: for God Heareth! Beholdeth… As to those of you who put away their wives by saying, ‘Be thou to me as my mother’s back’—their mothers they are not; they only are their mothers who gave them birth! They certainly say a blameworthy thing and an untruth… And those who thus put away their wives, and afterwards would recall their words, must free a captive before they can come together again…this is to be done before they touch each other again. But whoso hath not the means must fast two consecutive months before they touch each other…or feed sixty poor persons.”
Cultural Evolution
Before Islam, declaring Z̤IHĀR would be equivalent to an irrevocable divorce. However, under Islam, this practice was reformed into a temporary state of prohibition that could be nullified through acts of penance, like freeing a slave, fasting for two months, or feeding sixty needy people.
Cultural Differences
In various cultures within the Islamic world, the practice and understanding of Z̤IHĀR might vary slightly, particularly in how the expiatory acts are performed. Some schools of thought in Islamic jurisprudence might emphasize one type of expiation over another based on local juristic interpretations.
Synonyms
- Tahlil (تحليل): Expiatory act meant to negate the effects of a sinful declaration or oath.
- Ila’ (إيلاء): A husband’s vow to abstain from intimate relations with his wife.
Antonyms
- Nikah (نكاح): Marriage, the lawful union of a man and woman in Islam.
- Halal (حلال): Lawful or permissible, often used in the sense of permissible actions regarding marriage.
Related Terms
- Qasam (قسم): Oaths which, if broken, require expiation.
- Talaq (طلاق): Divorce in Islamic law.
- Khula (خلع): Divorce initiated by the wife under specific conditions.
Exciting Facts
- The case of K̲haulah bint Thaʻlabah, narrated in the Quran (Sūrah Al-Mujādilah), highlighted the reformation in the practice of Z̤IHĀR.
- Islamic law views freeing a slave, one of the expiatory acts for Z̤IHĀR, as a significant moral and social act, emphasizing the value of human freedom and dignity.
Quotation
“The expiation for Z̤IHĀR reflects the Islamic ethos of mercy and the importance of penitence coupled with the amelioration of marital discord.” — Amina Al-Fahad
Further Studies and Inspirational Literature
- “The Hidāyah: Guidance” by Burhān al-Dīn al-Marghīnanī.
- “The Principles of Islamic Jurisprudence” by Mohammad Hashim Kamali.
- “Marriage and Morals in Islam” by Sayyid Muhammad Rizvi.
- “The Religion of Islam” by Maulana Muhammad Ali.
Thought-Provoking Farewell
May this exploration of Z̤IHĀR inspire you to delve deeper into the nuances of Islamic jurisprudence and appreciate the wisdom encapsulated within traditional reformations. — Amina Al-Fahad
