What is the ruling when a husband compares his wife to the back of a female relative forbidden to him permanently through kinship (like his sister, aunt, or grandmother)?

General Chapter

Al-Mughni

Book of Zihar

Book 42 · Issue 2 · Bab 1

Open in Qurani

Primary text

Comparing the wife to the back of a female relative forbidden due to kinship (such as grandmother, paternal aunt, maternal aunt, or sister) constitutes *Zihar* according to the opinion of the majority of scholars. This view is held by Al-Hasan, 'Ata, Jabir ibn Zayd, Al-Sha'bi, Al-Nakha'i, Al-Zuhri, Al-Thawri, Al-Awza'i, Malik, Ishaq, Abu 'Ubayd, Abu Thawr, and the proponents of *Ahl al-Ra'y* (the companions of opinion). The evidence supporting this is that these relatives are forbidden by kinship, thus resembling the mother. Furthermore, the comparison falls under the scope of the verse stating, "And indeed, they are saying an odious statement and a falsehood" (Quran 58:2), which applies here, and suspending the ruling on the mother does not prevent the ruling from applying to others similar to her.

Supporting text

The old view of Al-Shafi'i held that *Zihar* only occurs when referring to the mother or grandmother, arguing that since the explicit wording in the Quran refers only to the mother, deviation from that wording means the ruling mandated by Allah does not attach. The grandmother is included only because she is also considered a mother in some contexts.