Citation: Gambari, M.A. (2026). Zihār as a Quranic Legal Reforms: An Analysis through Jawahirul-Iklil of al-Abi al-Azhari. Tasambo Journal of Language, Literature, and Culture, 5(2), 153-161. www.doi.org/10.36349/tjllc.2026.v05i02.017.
ZIHĀR AS A QURANIC LEGAL REFORMS:
AN ANALYSIS THROUGH JAWAHIRUL-IKLIL OF AL-ABI AL-AZHARI
By
GAMBARI, Muhammad Aliyu Ph.D
Department of Islamic
Studies, Kwara State College of Education, Ilorin
Phone NO: +2348036809195
Gmail Address:
gambarialiyu@gmail.com
Abstract
This paper is an analytical
study of Zihār practices as a legal reform as discussed in the Jawahirul-Iklil
of Al-Abi Al-Azhari. The book under study is one of the leading Maliki Schools
of Law in West Africa. Nigeria. Both the original book (Muktasar al-Khlil) and
the commentary (Jawahirul-Iklil) clearly state the Qur’an’s verses on zihar. Islām
is a perfect religion guided by a divine book and by a messenger sent to the
entire nation, with a divine law. Islām came as a regulator to govern all
aspects of human life, regardless of gender. Zihār is among the practices in the
Jahiliyyah period that Islāmmet and found the Arabs practised it, then, Islāmseeks
to reform the practices of Zihār in the book under study, which was entrenched
in Arabian culture as an oppressive tool that men used to punish women by
divorcing them yet keeping them in their ex-husbands’ home without the men
fulfilling any marital obligation. This paper navigates how Islām came to put a
check on this practice and highlights the regulations governing Zihār in the
Jahiliyyah period, as introduced by Islām in its pursuit of social reform
within the family system. By
evaluating both opportunities and risks, the study highlights the need for
clear guidelines rooted in the Qur’an to ensure that Zihār practices among
Arabs in the Jahiliyyah complement rather than distort the Qur'an's
understanding. The
research methods adopted for this work were historical, exegetical and
descriptive. The historical method enabled the researcher to examine the
historical background of the word Zihār and its emergence in Islām, while the
exegetical method was used to expound various textbooks in relation to the key
issues addressed in this work. The study’s findings indicated how the author of
Jawahirul-Iklil interpreted Zihār practices and the legal judgment based on
Qur’anic teachings and in accordance with the Imam Malik school of Law. The study’s
findings were that, away from the approach of detailing the neglect of Zihār
practice in modern-day society. The paper concludes that Zihār, as an old
practice, should not be recognised in the present day. The paper concludes that
Zihār practices are an old style of divorcing chaste women, which Islām does
not accept, and it should not be recognised in the present day.
Keywords: Zihār, Qur’an, Legal Reform
Introduction
Zihār occurs when a responsible
Muslim male (mukallaf) compares the back of a lady who is legally
permissible for him to marry, or part of the body of such a lady, to that of a
mahram, i.e. any of the classes of female, the Qur’an forbids a man to marry (Doi,
1988). The word Zihār, according to Doi (1988), is derived from zahr,
meaning back. Zihār could, however, be made by the man, according to Khalil
bn Ishaq, depending on the wife's behaviour towards his husband. to depend on
the assent of his wife. Islāmis a religion that encompasses everything in our lives.
This act was among the Jahiliyyah practices amongst the Arabs, and it was a way
of divorcing women, before the Qur’an was revealed to the Prophet, and the act
was condemned in totality.
Al-Azhari (n.d.) devotes a
chapter to the subject; the author extensively discusses the views oe notable
Muslim scholaswithinto the Maliki School of law.
Historical Background of Zihār
according to Jawahirul-Iklil of Al Azhari
Zihār is an ancient Arab tradition
whose origins cannot be traced to a specific time. It, however, became an issue
in Islām when a companion of the Prophet, Aus ibn Samit, compared the back of
his wife, Khuwaylah bint Tha’labah, to that of
his mother. Khaulah was a Muslim woman who loved her husband and had young children.
Yet, under the Jahiliyah practice of Zihār, the man would be freed of his
marital obligations to his wife, and the continued support for the children is
left at his whims and caprices. Khaulah went to the Prophet to complain about
what was happening to her and her family but the Prophet could not come up with
an answer, and the problem lingered on unresolved until the Almighty Allah came
to the rescue of Khaula, put a ban on the practice and instituted sanctions
against men who make the psychologically damaging and emotionally injurious
declaration of Zihār. (Al-Azhari, n.d.) The historical background of Zihār
dates back to pre-Islamic Arabia, where it was a customary but unjust form of
unilateral divorce that the Qur'an later reformed to protect women's rights and
promote reconciliation. Pre-Islamic Practice (Jahiliyyah) In the Arabian
Peninsula before Islām, Zihār was a socially acceptable way for a
husband to divorce his wife permanently. The practice involved the husband
declaring that his wife was "to him like the back of his mother" (Anti
'alaiya ka-zahri ummi). (Ambali, 1998).
The Prophet Muhammad
said one of his traditions when the report of Zihārcame to him, the hadith goes
thus;
The Prophet (peace be upon him) ordered
Salamah ibn Sakhr, who said zih
Jawahirul-Iklil’s author at a
glance
His full
name was Salih `Abd al-Sami' al-Abi al-Azhari, he was born
and brought up in Egypt, where he attended Quranic, Islamiyyah and advanced
Arabic school. The date of his birth is unknown at the time of writing this
paper. Shaykh Al-Azhary was among the followers of Imam Maliki and specialised in
some of the Maliki School of laws. He was associated
with Al-Azhar, as indicated by his title "al-Azhari". He was a prominent scholar in the Maliki school of Islamic
jurisprudence (madhhab). His most recognised contribution is Jawahir al-Iklil: sharh mukhtasar al-`Allamah
al-Shaykh Khalil fi madhhab al-Imam Malik. This work
is a commentary on the Mukhtasar (summary) of Khalil bn Ishaq al-Jundi, a
standard textbook of Maliki fiqh in West Africa. His
work is frequently used for studying Maliki law, particularly in matters of
personal status, inheritance (mirath), Ablution, Zakah, women's maintenance,
and Zihārand transaction law (mu'amalat).
The
aspects of pre-Islamic custom among the Arabs
· Permanent
Separation: The pronouncement effectively made the wife forbidden to
the husband for life, similar to his own mother, with whom marriage and sexual
relations are permanently unlawful.
· Marital
Limbo:
The wife was left in a state of limbo; she lost her status as a wife and her
conjugal rights, but she was not technically free to remarry another man.
·
Male Dominance: It was an arbitrary
act that highlighted male superiority and often demeaned women, who had no
legal recourse and faced potential poverty and suffering as a result. (Al-Ahary,
n.d.).
Qur’anic Verdicts on Zihār
مَا جَعَلَ اللَّهُ لِرَجُلٍ مِنْ
قَلْبَيْنِ فِي جَوْفِهِ وَمَا جَعَلَ أَزْوَاجَكُمُ اللَّائِي تُظَاهِرُونَ
مِنْهُنَّ أُمَّهَاتِكُمْ وَمَا جَعَلَ أَدْعِيَاءَكُمْ أَبْنَاءَكُمْ ذَلِكُمْ
قَوْلُكُمْ بِأَفْوَاهِكُمْ وَاللَّهُ يَقُولُ الْحَقَّ وَهُوَ يَهْدِي السَّبِيلَ
In the name of Allah the most gracious the most
merciful Allah has not given any man two hearts in his body, neither has He
made your wives whom you describe to be like your mother’s backs , your real
mothers, nor has He made your adopted sons your real sons. That is but your
saying with your mouths. But Allah says the truth and He guides to the right
way. (Ahzab, Q33:3)
الَّذِينَ يُظَاهِرُونَ مِنْكُمْ مِنْ
نِسَائِهِمْ مَا هُنَّ أُمَّهَاتِهِمْ إِنْ أُمَّهَاتُهُمْ إِلَّا اللَّائِي
وَلَدْنَهُمْ وَإِنَّهُمْ لَيَقُولُونَ مُنْكَرًا مِنَ الْقَوْلِ وَزُورًا وَإِنَّ
اللَّهَ لَعَفُوٌّ غَفُورٌ (2) وَالَّذِينَ يُظَاهِرُونَ مِنْ نِسَائِهِمْ ثُمَّ
يَعُودُونَ لِمَا قَالُوا فَتَحْرِيرُ رَقَبَةٍ مِنْ قَبْلِ أَنْ يَتَمَاسَّا
ذَلِكُمْ تُوعَظُونَ بِهِ وَاللَّهُ بِمَا تَعْمَلُونَ خَبِيرٌ (3) فَمَنْ لَمْ
يَجِدْ فَصِيَامُ شَهْرَيْنِ مُتَتَابِعَيْنِ مِنْ قَبْلِ أَنْ يَتَمَاسَّا فَمَنْ
لَمْ يَسْتَطِعْ فَإِطْعَامُ سِتِّينَ مِسْكِينًا ذَلِكَ لِتُؤْمِنُوا بِاللَّهِ
وَرَسُولِهِ وَتِلْكَ حُدُودُ اللَّهِ وَلِلْكَافِرِينَ عَذَابٌ أَلِيمٌ
In the name of Allah the most gracious the most
merciful. Indeed, Allah has recorded her statement, in which she disputes with
you concerning her husband and complains to Allah. And Allah hears the argument
between you both. Verily, Allah is All-hearer All-seer. Those among you who
make their wives unlawful to them by Zihār, they cannot be their
mothers. No one can be their mothers except those who gave birth to them. And
verily, they utter an ill word and a lie. And verily Allah is oft-pardoning,
oft-forgiving. And those who make unlawful to them their wives to them by Zihār
and wish to free themselves from what they uttered,( the penalty) in that case
is the freeing of a slave before they touch each other. That is an admonition
to you and Allah is All-aware of what you do. And he who cannot must fast two
successive months before they both touch each other, and he who is unable to do
so should feed sixty poor. That is so that you may have perfect faith in Allah
and his messenger. These are the limits of Allah. And for the disbelievers,
there is a painful torment. (Mujadallah, Q58:2-4)
Exposition of rules on Zihār
as contained in Jawahirul-Iklil
Zihār
means a husband telling his wife: "You are to me like the back of my
mother." The schools concur that if a husband utters these words to his
wife. Zihār is
established, according to Al Azhari, in a situation where a mukallaf (a
responsible Muslim male) compares the back of a lady who is legally permissible
for him to marry, or part of the body of such a lady, to that of a muharram,
i.e. any of the classes of females the Qur’an forbids a man to marry (Al-Azhary,
n.d.). Zihār could, however, be made by the man, according to Muktasar Khalil,
to depend on his wife's assent. Or sometimes, her consent and the ratification
of a judge or the Muslim community will determine the course of action
(Al-Azhary, n.d.).
Suppose a man makes the Zihār
pronouncement to be dependent on a particular event which will certainly occur
(such as sunrise) or a time which is to come for any woman (Al-Azhary, n.d.).
The occurrence of that event and the event of that time make the wife a prohibition
to the man forever (except if it is to observe Kafārah). Similarly, a
man may tie Zihār to marrying another wife. i.e ‘if he makes a Zihār
declaration such as, for as long as I don’t marry another wife, you are like my
mother.’ The Zihār stands except if the intended new wife is specific,
and she dies, or she relocates to an unknown place, or the man becomes sexually
incapacitated because of old age or other similar circumstance, or the end of
the period during which the man says his wife is like a mahram comes
(Al-Azhary, n.d.)
It is not valid for a man to
observe kaffarah before it becomes binding on him. Zihār is valid and
binding when a man makes it with his wife who is under revocable or irrevocable
talaq and on a woman in hararn, hajj or umrah or a Muslim convert from
fire worship, and on a freed slave. But it could not be valid on a slave who is
in the process of negotiating her ransom, even if she eventually fails to buy
her freedom (Al-Azhary, n.d.).
Divergent views of Muslim Jurists
on the application of Zihārin Islām
Scholars differ on whether a
man whose head of penis has been cut can pronounce a Zihār that will be recognised
as valid. An explicit declaration of Zihār makes the wife permanently forbidden
to the husband. When a man compares the back or part of the body of his wife to
a man’s, Zihār is valid, given that a man is prohibited from comparing another
man. Zihār cannot change into talaq, but whether the two can go
simultaneously depends on whether the man intends talaq by his clear
pronouncement of Zihār. Such as saying you are forbidden like the back
of my mother, or you are forbidden like my mother. There are two opinions on
this, according to Jawahirul-Iklil: whether it will be legally taken that the
man has made a move of talaq and Zihār when he intends only talaq. The
establishment of non-explicit Zihār (kiyanat) also includes saying,
"You are like my mother" or "You are my mother," except
when the man intends to praise the wife. If the wife is compared with a
foreigner, and divorce is intended, then irrevocable divorce stands, such as
saying you are like a stranger, except if he intends Zihār only, the fatwa
of the judiciary decides (Al-Azhary, n.d.).
If the man says to his wife;
you are like my father or " you are like my son or compares her with any
of the people the Qur’an forbids completely, Zihār is binding on him with any
of these words (Al-Azhary, n.d.). But it is not binding if he says; If I have
sexual intercourse with you, I have had intercourse with my mother, or I will not
touch you until I have touched my mother, or not I shall not return to you
until I return to my mother. If he says any of these words, nothing is binding
on him according to Salih
'Abd al-Sami' al-Abi al-Azhari in his popular book under study
(Al-Jazairi,1986).
Prescribed punishment of Zihār
according to the Qur’an and the book Jawairul-Iklil
Kaffarah on a man becomes multiple
and will be renewed for each time he commits a new Zihār after he has just paid
Kafārah. Or if he had told his wives, ‘whoever enters, everyone who
enters, or any of you who are like my mother to me. (Is like the back of my
mother). But it is (Kafārah) would not be multiplied if he says to women
(collectively) if I marry you, or all women (are like my mother), or he compares
the back of his wives with that of his mother or mahram with a single
formula such as saying, you (antuna, plural of you in arabic) are like the back
of my mother, or he establishes Zihār without hanging it on a condition, except
he has multiple Kafārah in mind, then that becomes binding on him (Doi,
1984). He can no longer marry the woman; in these cases, touch his wife after
observing a single Kafārah, in the most recognised opinion by Imam
Maliki adherents. He is forbidden to touch his wife before completing the Kafārah,
even if only for foreplay. It is incumbent on the lady to prevent her husband
from having sexual relations with her before he observes Kafārah and if
she fears she cannot prevent him from touching her, she should refer the case
to a judge. If there is however, no fear of sexual relations with such a
husband, they can continue to live together (Doi, 1988).
The atonement of Zihar
practices according to Jawahirul-iklil
The observance of Kafārah
is lifted if the Zihār is hanged on the occurrence of an event and the
event fails to occur. It is also lifted by three different pronouncements of talaq
or an irrevocable talaq in a single occasion, if he has not had sexual
relations with the woman before the irrevocable talaq takes place, and
the man marries his wife a second time, after she had married another man and
divorced him, because of the irrevocable talaq. But if he had sexual
relations with the wife after making Zihār, then there was talaq bàin
(irrevocable), and the woman marries another man, the husband has to observe of
Kafārah if the woman comes back and marries him a second time (Doi,
1988, Shahid,
2013).
Kafārah is also not binding if Zihār
is made after irrevocable talaq.11 Such as saying I divorce you
three times, and your back is like my mother’s back. In this case, after the
woman marries another man, divorces him after consummation, and comes back to
the first husband, the man does not have to observe Kafārah on the Zihār
he pronounced. This same rule applies to the situation when a man says to his
wife, you are divorced and your back is like that of my mother before the
consummation of their marriage. This is not the case when Zihār precedes
marriage and precedes three pronouncements of talaq, or one
pronouncement that is irrevocable or made along with talaq, such as saying,
"If I marry you, you are divorced three times and you are like the back of
my mother."
If a man approaches a woman
for marriage and says She is my mother, he has committed Zihār regardless of
what he intends. This is to prevent recklessness in utterances. Kafārah
becomes an obligation when a man returns to his wife after pronouncement of Zihār,
and it becomes a compulsory obligation if intercourse takes place. It is not
proper for Kafārah to precede intercourse (Maktabatus- Shamilah,
2026).
On whether Kafārah
becomes binding after intercourse or even with abstinence from intercourse,
there are two opinions. Kafārah is not binding on a man who returns to
his wife, with or without the intention of intercourse, when intercourse is
prevented by divorce or her death, after the man returns to her but before Kafārah
was observed.
Kafārah can be done by freeing a
slave who is not an embryo. But it is allowed to free the slave as soon as it
is born. A slave for whom we have no information on, whether the slave is alive
or not, a Muslim or not cannot be freed to make up for Kafārah. A female
believing slave can be freed. Freeing a foreign (lire worshipping) slave is not
agreed upon by scholars. There is divergence of opinion on whether to delay
freeing the slave until acceptance of Islām. (Maktabatus-Shamilah,
2026).) .
The slave to be freed must
not have amputated fingers, must not be blind, deaf or mad, even if it is a
mild madness, as he must not have terminal disease, or have his ears cut, dumb,
old, seriously crippled, maimed, a leper, or paralysed without possibility of
reversing the paralysis. (Maktabatus- Shamilah, 2026). The slave
must not already be bought to be freed, and he is not in bondage, and not a
slave someone else is paying ransom for. There is divergence of opinion on
announcements such as: if I buy him, it is for my Zihār offence. (Maktabatus-
Shamilah, 2026).
The freeing of a slave who is
already in the process of buying his freedom is not valid as Kafārah of Zihār,
or a slave whose status as a slave has already changed, or a slave in any
similar circumstance. Also, a not valid Kafārah is to complete the
payment for the freedom of a slave who has made a part payment for his freedom.
To also free three slaves when four separate Kafārah have been
identified is not valid. One can free a slave whose eyes (pupils) are not
aligned, one can free a captive, and also someone enslaved as collateral for
debt. An accused slave who is cleared of a crime can be freed. Also, a mildly
crippled slave, a slave with mutilated fingers, and one with a cut ear can be
freed for Kafārah.
To free a slave on behalf of
a muzahir is also allowed even without the consent of the muzahir
as long as the muzahir had returned to his wife and Kafārah has
become a binding obligation on him because there was intercourse before the
freedom of the slave was done on his behalf. Freeing a castrated slave for Kafārah
of zihãr is detested; similarly is freeing a slave with a cut penis (Maktabatus-
Shamilah, 2026).
It is a desired Sunnah for
the freed slave to observe salat and fast and the muzahir to do
the Kafārah immediately. The time when payment of Kafārah becomes compulsory is
when the man returns to the wife he compared with his mother or a mahram. It is
not valid for a muzahir who can free a slave to use fasting as his Kafārah.
If a muzahir enslaves a person he desires (for marriage) or who is a
family or who is sick, all of whom he spends nafaqah on, he can free
them. It is not allowed for a muzahir to have sexual pleasure with his
freed slave until he completes the freeing process, and he can have pleasure
with her after he marries her (Affi & Affi, 2014).
Fasting for two months
commences with the sighting of the crescent. Thirty-one nights or thirty nights
for each of the two months, according to Abu Ishaq in Jawahirul-Iklil. There
should be the intention for two consecutive months and the intention to observe
Kafārah. (Maktabatus- Shamilah, 2026). A month of
fasting is complete when the month, thirty consecutive days, end. The master of
a slave has the right to prevent him from observing Kafārah fast if the
fast will affect his services to him.
It is recommended Sunnah that
even after a muzahir has commenced a fast and he has observed about two
days of fast, he should terminate the fast and free a slave if he becomes
empowered to do so. There is divergence of opinion on what will be the judgment
on a muzahir, whose Kafārah is interrupted by Ramadan fast
without that being his deliberate plan. The question of whether he will restart
the Kafārah fast (which must be consecutive), or continue it (the Kafārah
fast) after Ramadan is debated among scholars. (Maktabatus-Shamilah,
2026). Regarding feeding, 60 needy freeborn Muslims will be given a full mudu
measurement and two-thirds of a mudu of grains each (Maktabatus-Shamilah,
2026).
If a muzahir is ill
and cannot fast, he should wait until he recovers; if the illness lasts a long
time, he may then feed the poor. Scholars do not agree on whether a muzahir
should proceed with the fast or not if he only doubts the effect the fast will
have on his health (Maktabatus-Shamilah, 2026). If a man
has committed Zihār with four women, he cannot have sexual relations
with any of them until he has observed the penalty for the four offences. Even
if a woman is divorced or she dies, the Kafārah penalty must be observed
(Maktabatus-Shamilah, 2026).
Islamic
Rulings and Consequences on Zihār practices
Islām
redefined Zihār, reducing it from a binding divorce to a sin that imposes a
temporary prohibition, requiring the husband to expiate before resuming marital
(Hallaq, 1997).
The
legal consequences and atonement process established in Islāmare:
·
Marital Bond Intact:
The marriage is not dissolved by the utterance of Zihār. The husband and
wife remain legally married, with the wife retaining her rights to maintenance.
·
Prohibition of
Conjugal Relations: All intimate contact is forbidden until the husband
performs the kaffarah (expiation).
·
Mandatory Atonement (Kafārah):
To lift the prohibition and resume relations, the husband must perform one of
the following acts in order of priority, as mentioned in the Qur’an:
1. Freeing
a slave.
2. If
unable, fasting for two consecutive lunar months.
3. If
unable, feeding sixty poor people.
If
the husband fails to perform the expiation, the wife can seek judicial remedies
through an Islamic court, which may compel the husband to atone or grant a
judicial divorce (Maktabatus-Shamilah, 2026).
This
Islamic reformation of Zihār served to abolish a harmful patriarchal
practice, uphold women's dignity, and prioritise justice and reconciliation
within marriage.
Islamic
Reformation on Zihār acts and the Revelation
The
practice of Zihār was fundamentally reformed with the advent of Islāmthrough
the revelation of the first verses of surah Al-Mujadilah (Qur’an
58:1-4). This revelation was prompted by a specific historical event involving
a woman named Khuwaylah bint Tha'labah (or Khawla bint
Thalaba). Khuwaylah's husband, Aws ibn as-Samit, pronounced Zihār
against her during a moment of anger. He later regretted his words but,
adhering to the pre-Islamic custom, believed his wife was permanently forbidden
to him. Khuwaylah went to the Prophet Muhammad (peace be upon him) to complain
about her situation, pleading for a solution that would allow her family to
remain intact (Al-Azhary, n.d.).
In
response to her prayers and arguments, Allah revealed verses condemning the
practice as an "objectionable statement and a falsehood" and
providing a path for atonement (Kafārah) rather than a permanent
divorce. The verdict of the Prophet Muhammad on the Zihārcases read thus;
حَدَّثَنَا عَبْدُ اللَّهِ بْنُ سَعِيدٍ، حَدَّثَنَا عَبْدُ
اللَّهِ بْنُ إِدْرِيسَ، عَنْ مُحَمَّدِ بْنِ إِسْحَاقَ، عَنْ مُحَمَّدِ بْنِ
عَمْرِو بْنِ عَطَاءٍ، عَنْ سُلَيْمَانَ بْنِ يَسَارٍ، عَنْ سَلَمَةَ بْنِ صَخْرٍ
الْبَيَاضِيِّ، عَنِ النَّبِيِّ ـ صلى الله عليه وسلم ـ فِي الْمُظَاهِرِ
يُوَاقِعُ قَبْلَ أَنْ يُكَفِّرَ قَالَ " كَفَّارَةٌ وَاحِدَةٌ " .
It was narrated from
Salamah bin Sakhr Al-Bayedi that: the Prophet (ﷺ) said concerning a man who declared Zihārupon his wife having
intercourse with her before compensation: "Let him offer one expiation".
()Sunnah bn Maja 2,464)
Discussion
The practice of zihār, a pre-Islamic form of
repudiation whereby a husband would liken his wife to a woman permanently
forbidden to him, represents a significant locus of Qurʾānic
legal reform. The Qurʾān,
particularly in Sūrat al-Mujādila (58:1–4),
explicitly addresses this custom, transforming it from a socially tolerated,
culturally embedded practice into a clearly regulated legal offence. This
reformative intervention not only nullifies the automatic marital consequences
of pre-Islamic zihār but also imposes structured expiatory obligations
(kaffārah) on the husband, including feeding the poor, freeing a slave, or
fasting. Such measures reflect a dual objective: the preservation of marital
integrity and the upholding of ethical accountability within the broader social
framework (Saiin, 2021). Analysis
through Jawāhirul-Iklīl of al-Ābī al-Azhari (Abū Isḥāq)
situates this Qurʾānic
reform within the classical jurisprudential discourse. While the primary text
of Jawāhirul-Iklīl elaborates on the Maliki understanding of marital and
penal law, its commentary demonstrates how jurists operationalised Qurʾānic directives,
reconciling textual prescriptions with the principles of Islamic legal
methodology (usūl al-fiqh). The text clarifies the scope of obligations,
nuances of expiation, and procedural enforcement, thereby exemplifying the
juristic translation of Qurʾānic
reform into actionable law. This aligns with the broader objectives of Sharīʿa (maqāṣid al-Sharīʿa), emphasising the protection of human dignity and
social welfare (Mustapha et
al., 2024).
However, the discussion underscores three critical
dimensions of Qurʾānic
legal reform. First, the Qurʾān
abolishes harmful customary practices rather than merely modifying them,
establishing a principle of legal accountability. Second, the reform elevates
women’s
status by ensuring that verbal repudiation does not unilaterally terminate the
marital bond, thereby addressing potential social injustices. Third, by linking
individual transgression with communal benefit through prescribed expiatory
acts, the Qurʾānic ruling
integrates ethical and social dimensions into legal practice.
Recommendations
The following are the
extracted and generated;
·
The Qur’an is clear proof of all religious
issues, and the practice of Islām has been well explained in the tradition of
the Prophet, fiqh textbooks, and statements of the past.
·
The Islamic book of manuscripts should be
consulted for many other cases besides Zihārin Islām, including different
branches of Islām.
·
The Qur’an has many untouched issues and cases
that require the present researcher to lay their hands on.
·
The statement of the Prophet Muhammad,
addressing many issues, needs to be consulted and presented to students in
Qur’an, Tafsir, and other branches of Islamic Studies.
Conclusion
Jawahirul-Iklil is amongst
the Islamic books that deal with the Maliki School of Law in West Africa. The
book has subchapters that discuss many issues, jahiliyyah events, and provide
detailed explanations of the Ahadith of the Prophet Muhammad (SAW). Zihārwas
practices before the advent of Islāmand in which the Qur’an ruled out the acts
and practices. The jahiliyah period is a misogynistic society, replete with
lots of oppressive measures that entrench the status of women as second-class
human beings. This paper shows the nobility which Islāmaccedes to women and how
Islāmis a true champion. In the Qur’anic verses cited above, we also see the
sacred status of motherhood and how scandalous and sacrilegious Islāmperceive
the act of comparing one’s wife to the mother and the very stiff penalties zihār
attracts and the very stringent conditions attached to the penalties, all done
in a bid to accord the Muslim woman her deserved honour. Finally, this work
establishes, by implication, why the Qur’an is the primary source of Islamic
law and the superior basis of shari’ah, and why it is preeminent vis-à-vis the
theory of abrogation, as illustrated by the story of Kahaulah bint tha’labah
and her husband Aus bin Samit, which the Sunnah could not resolve.
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See sSuratul-nisai, Qur’an chapter 4: 23-24 for these categories
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