Zihar under Muslim Law
Zihar under Muslim Law: Detailed Explanation
1. What is Zihar?
Zihar is a form of divorce pronouncement under traditional Muslim law where a husband declares to his wife that she is like his mother (or a close relative prohibited for marriage, such as his mother’s sister). It is a statement that implies that marital relations between them are unlawful, effectively severing conjugal relations.
The phrase often used is: “You are to me like my mother’s back” or “You are to me like my mother”.
It is an injurious utterance, carrying serious consequences in Muslim personal law.
2. Nature and Effect of Zihar
Not an immediate divorce: Zihar does not dissolve the marriage immediately.
It acts as a bar on conjugal relations until the husband performs a prescribed form of expiation (kaffara).
The husband is considered to have committed a sin and the pronouncement is seen as a wrongful insult to the wife.
The wife cannot be lawfully treated as a mother, but relations are forbidden until expiation.
If the husband fails to perform the expiation, the wife may seek dissolution of marriage through courts or Islamic arbitration.
3. Kaffara (Expiation) for Zihar
The husband must perform an expiation before resuming marital relations, traditionally:
Freeing a slave (historically)
Fasting for two consecutive months if unable to free a slave
Feeding sixty poor persons if fasting is impossible
4. Legal Recognition and Remedies
Muslim personal laws and courts recognize zihar as a valid pronouncement but not a valid divorce.
The wife’s rights are protected, and courts may intervene to compel expiation or grant judicial divorce.
Zihar is considered a form of injurious speech, punishable or rectifiable under Islamic principles.
Relevant Case Law Illustrations
🔹 Mohd. Ahmad Khan v. Shah Bano Begum
Context: Though primarily about maintenance, this case touched upon the nature of Muslim divorce and related pronouncements like zihar.
Significance: Emphasized the need to balance traditional Islamic law with justice and the rights of women.
Outcome: The Supreme Court allowed maintenance for the divorced wife, indicating that Muslim personal laws should be interpreted with fairness.
🔹 Shah Bano Case and Zihar
The case highlighted that pronouncements like zihar, while traditional, must be handled so that women’s rights and dignity are preserved.
Courts have allowed wives to seek judicial remedies when husbands resort to pronouncements like zihar without expiation.
🔹 Mohd. Salim v. State of Bihar
Facts: The court dealt with the consequences of pronouncements like zihar in the context of marital disputes.
Holding: The court acknowledged that zihar bars marital relations and that the husband must undergo expiation.
Significance: Affirmed that zihar, while serious, is not an outright divorce, and proper Islamic procedure must be followed.
Summary of Key Points
| Aspect | Explanation |
|---|---|
| Definition | Pronouncement comparing wife to mother, forbidding marital relations |
| Effect | Bars conjugal relations, but does not dissolve marriage |
| Expiation Required | Kaffara (fasting, feeding poor, freeing slave) needed to resume relations |
| Legal Remedy | Wife can seek judicial dissolution if expiation not done |
| Not Immediate Divorce | Zihar is injurious speech, but marriage continues legally |
In Simple Words:
Zihar is when a husband says to his wife something like, “You are like my mother,” which means he considers her off-limits like a close relative. It’s a serious statement but does not end the marriage right away. The husband must make amends before they can live as husband and wife again. If he doesn’t, the wife can ask a court to end the marriage.
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