Misuse Of Words And Its Implementation In Islamic Law: A Case Study Of Zihar

Abstract

If husband says to his wife, "you are banned/prohibited to me, akin to my mother or sister, and or you are comparable to my mother or sister". If the intention of the husband by these words was not meant to divorce his wife, then this act is termed as Zihar in Islam, otherwise divorce. He would now be bound to expiate before having sex with his wife. Either of husband or wife can observe Zihar. Condition of Zihar is differnt for a woman than a man. She is bound to Zihar before marriage. However, a man is restricted to it after marriage. Such statement can be elaborated in the following way. If a woman compares, someone analogue to her brother or father and or, ask him to be her brother or father, and get married later on with him. In such situation she will have to pay atonement. In the same way if a man becomes committed to Zihar after marriage, he would be bound to pay atonement. Islam fixes the value of expiation equally by the offender either a male or a female. Islam commences society to Zihar to stop or restrict this offensive act. This article is an approach to comprehend the impact of words in the relationship of marriage in Islam.