What is the legal definition and origin of Zihar (involuntary divorce by analogy to the back)?
General Chapter
Al-Mughni
Book of Zihar
Primary text
Zihar is linguistically derived from the term 'back' (dhahr). The specific analogy to the back among all limbs is made because whatever is ridden upon is typically called a back, and thus the wife is likened to that. Zihar is forbidden (muharram). Its prohibition is established by the Quranic declaration: "And indeed, they are saying a reprehensible statement and a falsehood" (Quran 2:2). The meaning of Zihar is declaring the wife as unlawful to the husband as his mother is unlawful to him. This is negated by the Almighty's statement: "They are not their mothers" (Quran 58:2), and further clarified: "Allah has not made those whom you declare [as unlawful to yourselves] by saying 'You are to me as the back of my mother' the mothers of your men" (Quran 33:4). The primary basis for Zihar in Islamic law derives from both the Book and the Sunnah. Regarding the Book, it is established by the verse: "Those who declare from among you their women as unlawful to them, [by saying] 'You are to me as the back of my mother,'..." (Quran 58:2) and the subsequent verse.