the explicit and allusive expressions of zihār, in terms of their legal consequences, is that a man who uses an allusive expression is believed if he claims that he intended divorce, whether he comes seeking a legal ruling or evidence is brought against him. If he uses an explicit expression of zihār, however, his claim that he intended divorce is not accepted when evidence is brought against him. He is held to divorce on the basis of his admission and to zihār on the basis of his actual words. He may therefore not resume marital relations with her—even if he remarries her after she has married another husband—until he has performed the expiation for zihār. Another view holds that it constitutes zihār in all cases, and not divorce, even if he intended divorce. This is Ashhab’s transmission from Mālik and one of Ibn al-Qāsim’s two positions.

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Zihār constituted divorce in pre-Islamic times and in the early days of Islam, until Allah, the Almighty and Majestic, revealed:

“Allah has indeed heard the words of the woman who argues with you concerning her husband and complains to Allah. Allah hears your conversation. Indeed, Allah is All-Hearing, All-Seeing.” [Al-Mujādilah: 1]

“Those of you who pronounce zihār against their wives—their wives are not their mothers. Their mothers are only those who gave birth to them. They certainly utter an objectionable statement and a falsehood. Yet Allah is indeed Pardoning, Forgiving.” [Al-Mujādilah: 2]

The Most High thus declared that the expression of zihār by which they used to divorce their wives was objectionable speech and falsehood. Objectionable speech is that whose truth cannot be substantiated, while falsehood is a lie. The Most High called it a lie because, through it, they made their wives like their mothers, whereas their wives do not become like their mothers or like women permanently forbidden to them in marriage. Such women can never become lawful to a man, whereas women outside those prohibited relationships are not subject to that permanent prohibition. Allah, the Almighty and Majestic, therefore removed zihār from the category of divorce and placed it in the category of matters requiring expiation. He then taught us its ruling, saying:

“Those who pronounce zihār against their wives and then go back on what they have said must free a slave before the couple touch one another. This is the admonition given to you, and Allah is fully aware of what you do.” [Al-Mujādilah: 3]

“But whoever cannot find the means must fast for two consecutive months before the couple touch one another. Whoever is unable to do so must feed sixty needy people. This is so that you may believe in Allah and His Messenger. These are the limits set by Allah, and for the disbelievers there is a painful punishment.” [Al-Mujādilah: 4]