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ẓihâr-divorce

Explore Verses Related to ẓihâr-divorce

At a Glance

According to search-discovered classical Islamic scholarship, Ẓihār (الظهار) is a sinful pre-Islamic practice, reformed by the Quran, where a husband unjustly declares his wife forbidden to him by comparing her to a permanently unmarriageable relative, most commonly his mother. The Quran in Surah Al-Mujadila (58:2) condemns this act as 'an objectionable statement and a falsehood.' Classical authorities like Ibn Kathir explain that this declaration does not constitute a legal divorce but places the couple in a state of temporary prohibition. Al-Qurtubi elaborates on the legal framework established in Surah 58:3-4, clarifying that marital relations are forbidden and cannot resume until the husband performs a mandatory, sequential expiation (kaffarah): freeing a slave, fasting for two consecutive months, or feeding sixty needy people. This divine ruling abrogated the pre-Islamic custom that left women in permanent limbo, instead providing a structured path for repentance and reconciliation.

📖 Quranic Context

A key example of Islamic law reforming a harmful pre-Islamic social custom, protecting women from being left in marital limbo.

The ruling was revealed directly in response to the plea of a woman, Khawlah bint Tha'labah, demonstrating Allah's immediate response to the oppressed.

References: Primarily detailed in Surah Al-Mujadila (58:2-4), with a foundational principle in Surah Al-Ahzab (33:4).

💭 Theological Perspective

Addresses the issue of husbands making rash, unjust pronouncements in anger.

Highlights the gravity of speech and its impact on marital bonds.

Establishes a clear path for repentance and reconciliation after a grave sin, rather than permanent separation.

The kaffarah (expiation) serves as a means of atonement and a deterrent against repeating the offense.

📜 Hadith Perspective

The story of Khawlah bint Tha'labah and Aws ibn al-Samit is the direct cause of revelation (*sabab al-nuzul*) for the verses on Zihar, as narrated in various hadith collections.

  • The Prophet's initial response based on existing customs before the revelation.
  • The divine intervention through revelation to establish a new, just ruling.

Universal agreement among all schools of Islamic law that Zihar is a prohibited act that does not constitute a final divorce but requires expiation for the resumption of marital relations.

💎 Deeper Insights

The legislation on Ẓihār is a prime example of 'divine legislative response.' The opening of Surah Al-Mujadila, 'Allah has indeed heard the statement of her who pleads with you concerning her husband,' is one of the clearest instances in the Quran where a divine law is revealed in direct, immediate response to the plea of an ordinary individual, establishing a principle of divine accessibility and justice for all members of the community, especially the vulnerable.

Ibn Kathir, Al-Qurtubi

The kaffarah for Ẓihār functions as a 'socio-spiritual circuit breaker.' Unlike Talaq (divorce), which is a process of separation, the kaffarah is a mandatory process of reconciliation and social good. By requiring a significant act (freeing a slave, two months of fasting, feeding sixty poor), it forces a 'cool-down' period, makes the husband reflect on the gravity of his words, and channels his atonement into an act that benefits society (emancipation or charity), thereby repairing both the marital and social fabric.

Al-Qurtubi, Contemporary Jurists

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