Definition of Dhihaar: The term is derived from the Arabic word Dhahr, which means “the back of a person”, and the Arabs use it to describe a person who says to his wife that she is to him like the back of his mother. [185] The concept of Dhihaar is to liken the wife to some prohibited female relation of his i.e., to say, having intimate relationship with his wife is as forbidden as it is for him to have an intimate relationship with his mother. Arabs used the word Dhihaar, which is a word derived from a word that means “the back of a person”, because it is understood as a sexual reference used to indicate intercourse and intimacy. AO4 However, in Islam, the term is used to describe the case when a man declares his wife or any part of her akin to the back of any woman who is permanently forbidden for him to marry.
2. The ruling of Dhihaar: The scholars are in consensus that Dhihaar is forbidden [186] Note: The fact that something is deemed forbidden in Islam does not necessarily mean that certain rulings will be established as a result. Ibn Taymiyyah said: (Dhihaar is forbidden, but if a person does it, then the rulings pertaining to it will be established. The same applies to vows because it is proven authentic that the the Prophet (PBUH) forbad vows. and yet he ordered people to fulfill it, according to the consensus of scholars and explicit textual evidence.” (Majmoo’ al-Faatwa) (32/87). . The consensus is transmitted by Ibn al-Munthir and Al Hisnee.
3. The wordings of Dhihaar
a. You are to me like the back of my mother is to me: The scholars are in consensus that Dhihaar tales place if a man says to his wife: “you are to me like the back of mother is to me” This consensus is transmitted by Ibn al-Munthir, Ibn Rushd, Ibn Qudaamah, Al-Zarkashee, Burhaan al-Deen Ibn Muflih, al-Shirbeenee, and al-?an?aanee.
b. Likening the wife to any woman who is permanently forbidden to him other than his mother: The four Madhabs agree that Dhihaar is established if the husband likens his wife to any woman from his relatives who is permanently forbidden to him other than his mother, like his grandmother, his aunt, and sister. This is the view of most scholars.
c. Likening the wife to any woman who is permanently forbidden to him from his non-blood relatives: The four Madhabs agree that Dhihaar is established if the husband likens his wife to any woman who is permanently forbidden to him other than his female relatives, like those who are forbidden married to him through breastfeeding or marriage. This is the view of some of the righteous predecessors.
d. Likening the wife to any woman who is temporarily forbidden to him: If the husband likens his wife to a woman who is temporarily forbidden to him, like the sister of his wife, does not establish the Dhihaar. This is the view of the Hanafi and Shafi’i Madhabs and one of the reported views of Ahmad and the view of Ibn ‘Uthaymeen.
e. Saying: You are akin to the back of my mother: The majority of scholars hold the view that Dihaar is established upon saying to the wife, “You are akin to my mother”. This is the view of the Maliki, Shafi’i, and Hanbali Madhabs and some of the Hanafi scholars.
f. Likening any of the parts of his wife to the back of his mother: The four Madhabs agree [187] They discuss it in more details and differ between each other in determining the ruling regarding some body parts. that Dihaar is established [188] Like saying: your hand is forbidden to me like my mother’s back when the husband likens any of his wife’s parts to the back of his mother.
g. Likening any of the parts of his wife to body parts of his mother except the back: The four Madhabs generally agree [189] They discuss it in more details and differ between each other in determining the ruling regarding some body parts. that Dhihaar is established when the husband likens his wife to any body part of his mother’s body parts except for the back.
h. Saying: “You are for me as my mother”: The four Madhabs agree that Dhihaar is established when the husband says to his wife that she is like his mother so long as he intends his statement to establish Dhihaar; otherwise, it does not count as Dhihaar.
i. Saying: “You are my mother”: The majority of scholars hold the view that Dhihaar is established when a man says to his wife: “you are my mother” only if his intention was to establish Dhihaar. This is the view of the Maliki, Shafi’i, and Hanbali Madhabs.
j. Saying: “you are forbidden to me just like how my mother is forbidden to me”: The four Madhabs [190] According to the Hanbali Madhab, Dhihaar is established even if the husband does not specify his mother in the statement of Dhihaar. Thus, it is more befitting that it is deemed Dhihaar if he mentions his mother in the statement! agree that Dhihaar is established when the husband likens his wife to his mother in respect of how she is forbidden to him. As such, Dhihaar will be established if a man says to his wife, “you are forbidden to me like my mother”, with the intention of Dhihaar,