Is the declaration of Zihar (unlawful declaration of divorce equivalent) valid for one whose divorce is invalid?

General Chapter

Al-Mughni

Book of Zihar

Book 42 · Issue 1 · Bab 1

Open in Qurani

Primary text

The declaration of Zihar is invalid for anyone whose divorce is invalid. This includes a child, a person whose mind has been removed due to insanity, fainting (ighma'), or sleep. This view is held universally without known dispute and is affirmed by Al-Shafi'i, Abu Thawr, and the Ashab Al-Ra'y (Hanafi scholars). No specific textual evidence (Quran or Hadith) is cited for this consensus, as it rests on the principle that the validity of Zihar follows the validity of divorce.