[Q 334] The Islamic Ruling of Dhihaar

Question

What is Dhihaar in Islam, and what is the ruling for the one who does this (if this the right way to say it)? Will a Talaq take place?

بسم الله الرحمن الرحيم

الجواب بعون الملك الوهاب اللهم هداية الحق والصواب

Answer

In Islamic Law, Dhihaar is a Husband likening his Wife to any woman who is always Haram for him to marry OR for him to liken any part of his Wife, that is representative of her as a whole, to any such woman who is always Haram for him to marry.

The ruling of Dhihar is that before paying the Kaffarah (expiation), it is impermissible and Haram for the one who committed Dhihar to have sexual intercourse with his Wife, to touch her lustfully, or to kiss her, etc.

The Kaffarah for Dhihar is freeing a slave.

If he is unable to do this (as slavery is non-existent in this age), then he must fast consecutively for two months without Ramadan and the prohibited days of Fasting (Eid al-Fitr, Eid al-Adha and Ayyam al-Tashriq) coming in between.

If he is unable to even fast, such as due to a terminal illness from which there is no expectation of recovery or due to such old age that he’s no longer able to fast, then he is to feed sixty poor people two full meals such that each satiates them OR he is to give them the Sadaqah Fitr amount of wheat or its equivalent monetary value.

As Allah the سبحانه وتعالىٰ says:

“اَلَّذِیْنَ یُظٰهِرُوْنَ مِنْكُمْ مِّنْ نِّسَآئهِمْ مَّا هُنَّ اُمَّهٰتِهِمْ اِنْ اُمَّهٰتُهُمْ اِلَّا اللائي وَلَدْنَهُمْؕ وَ اِنَّهُمْ لَیَقُوْلُوْنَ مُنْكَرًا مِّنَ الْقَوْلِ وَ زُوْرًا وَ اِنَّ اللّٰهَ لَعَفُوٌّ غَفُوْرٌ”

Translation: “Those amongst you who address their Wives as their Mothers (i.e. do Dhihaar). They are not (in reality) their Mothers; their Mothers are only those from whom they are born. And undoubtedly, they utter an evil and blatant lie; and Allah is indeed definitely Pardoning, and Most Forgiving.”

(Surah Al Mujaadalah, Juz’ 28, Ayah 2)

In Tafsir Siraat al-Jinaan, it is stated under this verse:

“اَلَّذِیْنَ یُظٰهِرُوْنَ مِنْكُمْ مِّنْ نِّسَآئهِمْ”

(“Those amongst you who address their Wives as their Mothers (i.e. do Dhihaar)).”:-

In this verse as Dhihaar is being condemned, it is said that those among you who commit Dhihar and declare their Wives to be like their Mothers, saying so will not make their Wives like their Mothers. Their Mothers are only those who gave them birth. And indeed those who commit Dhihaar by calling their Wives their Mothers are certainly saying something foul and untrue. Likening one’s Wife to one’s Mother in any way is not appropriate. Indeed Allah is Most Pardoning, Most Forgiving.

(Tafseer Sirat ul Jinan, surah almujadlah, V 28, Part 28)

Sadr al-Shari’ah Mufti Amjad Ali A’dhamiyy (رحمة الله عليه) states regarding Dhihaar:

“Dhihaar is to liken one’s Wife or any of her appendages or any part of her that is representative of her as a whole to any woman who is always Haram for him to marry or to liken her to any body part that is Haram to look at, e.g. saying ‘You are to me like my Mother’ or ‘Your head, neck or half of you is to me like my Mother’s back-side’…The ruling on Dhihaar is that until the expiation is paid, it is unlawful to have intercourse with her, to kiss her or touch her lustfully, or to look at her private parts. There is no problem in touching or kissing her if it’s not done lustfully, except kissing on the lips is not allowed even if it is not lustful.”

(Bahar-e-Shariat, Vol 2, P 205,208)

Answered By: Asif Raza (Ask-Mufti Scholar)

Verified By: Mufti Sajid Attari

Translated answer