Is the statement 'You are upon me like my mother' or 'like my mother' considered Zihar if the intent is Zihar?

General Chapter

Al-Mughni

Book of Zihar

Book 42 · Issue 1 · Bab 1

Open in Qurani

Primary text

The statement made by a husband, 'You are upon me like my mother' (Anti 'alayya ka-ummi) or 'like my mother' (mithlu ummi), constitutes Zihar if the husband intends Zihar by it. This is the position held by the majority of scholars, including Abu Hanifa and his companions, Al-Shafi'i, and Ishaq. The supporting evidence is rooted in the general understanding that such comparison implies the prohibition associated with Zihar, similar to explicitly comparing her to his back (Zihar).

Supporting text

If the husband intends honor (ikram) and reverence, or that she is like his mother in age or attribute, it is not Zihar, and his statement regarding his intention is accepted. If the statement is made without explicit intent (mutlaq), Abu Bakr, Malik, and Muhammad ibn al-Hasan hold that it is explicit in denoting Zihar.