The person making the Dhihaar should be the husband
a. If Dhihaar is made from a woman who is not the wife: The scholars differed on the validity of Dhihaar from a non-mahram woman. One group holds the view that Dhihaar from a non-mahram woman is invalid, which is the view of the Hanafi and Shafi’i Madhabs, the Dhahiri Madhab, and the view of some of the righteous predecessors, and the view of Al-Shawkaanee, Ibn Baaz, and Ibn ‘Uthaymeen. The other view states that the Dhihaar from a non-mahram woman is valid, which is the view of the Maliki and Hanbali Madhabs and some of the righteous predecessors.
b. The one making Dhihaar should be a man: The four Madhabs agree that the Dhihaar should be made by a man. Hence, it is invalid if it was made by a woman. This is also the opinion of most scholars.
i. Does a woman have to expiate for the Dhihaar? The majority of scholars [191] According to the Hanbali Madhab, the wife is not required to expiate for Dhihaar unless she accepted having intercourse with him willingly. hold the view that the woman who makes Dhihaar is not required to expiate for it. This is the view of the Hanafi, Maliki, and Shafi’i Madhabs, one of the reported views from Imam Ahmad and the view of most of the scholars.
c. The ruling of Dhihaar if the husband is unable to have intercourse with his wife: The Dhihaar of the man who is unable to have intercourse with his wife is deemed valid. This view is explicitly mentioned by the Maliki and Shafi’i, Madhabs, and it is the apparent view according to the Hanafi and Hanbali Madhabs.
2. Islam: It is required that the husband who utters the words of Dhihaar be Muslim. This is according to the Hanafi and Maliki Madhabs and one of the reported views from Imam Ahmad and the view of Al-Shanqeetee.
3. Sanity
a. The Dhihaar of the insane: The scholars are in consensus that the Dhihaar of the one who is insane is deemed invalid. The consensus is reported by Ibn Qudaamah, Ibn al-Qattaan and Ibn Mufleh.
b. The Dhihaar of the intoxicated:
i. If intoxication is excused: The Dhihaar of the man whose intoxication is not intentional and hence he is excused [192] Like the one who did not know that the drink is toxicant or was forced to drink it. is deemed invalid. This is the explicit view of the Maliki Madhab and the view of the Hanafi, Shafi’i, and Hanbali Madhabs.
ii. If intoxication is intentional: The scholars differed on the ruling of Dhihaar if it was made by an intoxicated person who intentionally became intoxicant without having a valid excuse. The four Madhabs agree that the Dhihaar of such a person is deemed valid. Other scholars hold the view that the Dhihaar of such a person is invalid. This is the view of some of the Hanafi and Shafi’i scholars, one of the reported views from Imam Ahmad, the view of the Dhahiri scholars as well as Ibn Taymiyyah, Ibn al-Qayyim, Ibn Baaz and Ibn ‘Uthaymeen.
c. Making Dhihaar while being in the state of anger:  The scholars differed on the validity of Dhihaar when done in a state of anger. One group of scholars hold the view that it is deemed valid even if he did it while being extremely angry so long as he does not reach the level of insanity. This is the apparent view of the Hanafi Madhab and the view of the Maliki, Shafi’i, and Hanbali Madhabs. It is said that this is a matter of consensus between scholars. Other scholars hold the view that it is deemed invalid in such a case, which is the apparent view of Ibn ‘Aabdeen from Hanafi Madhab, Ibn Taymiyyah, Ibn al-Qayyim, and Ibn ‘Uthaymeen.
d. Making Dhihaar while being under a magic spell: Dhihaar from a man who is under the magic spell is invalid, which is the apparent view of the Hanbali Madhab and the view of Ibn Taymiyyah and Ibn ‘Uthaymeen.
e. Making Dhihaar while being unconscious: The scholars are in consensus that the Dhihaar made while being unconscious is invalid [193] The term unconscious here refers to the case when the person is unaware of the words he utters because of his suffering from a mental sickness. . The consensus is reported by Ibn Qudaamah and Ibn Mufleh.
4. Puberty: The majority of scholars hold the view that the puberty of the husband is required for the validity of the Dhihaar. Hence, the Dhihaar of a person who has not reached puberty is deemed invalid. This is the view of the Hanafi, Maliki and Shafi’i Madhabs and one of the valid views within the Hanbali Madhab, which is chosen by Ibn Qudaamah.
5. Deliberation: The majority of scholars hold the view that the Dhihaar of the one who is forced to do it is deemed invalid. This is the view of the Maliki, Shafi’i and Hanbali Madhabs.
6. Intention:
a. If Dhihaar is said as a joke.  Taking the oath of Dhihaar out of joking makes it effective and valid, according to the explicit view of the Hanafi Madhab, which is also the apparent view of the Maliki, Shafi’i, and Hanbali Madhabs.
b. If Dhihaar is said by mistake:  The four Madhabs agree that if the Dhihaar is made by mistake or uttered as a slip of the tongue, it will be deemed invalid. This is the apparent view of the Maliki, Shafi’i and Hanbali Madhabs.
7. If the wife is unable to have intercourse: The four Madhabs agree that the Dhihaar from the wife that the husband cannot have intercourse with is valid.
8. If the thing to which the wife is likened is something that is usually enjoyed sexually:  The majority of scholars hold the view that the Dhihaar is deemed invalid if the wife is likened to something from which the man does not have sexual pleasure [194] Likening the wife to the back of a man or an animal. . This is the view of the Hanafi [195] The Hanafi Madhab stipulates that Dhihaar requires the person being likened to be a female. , Shafi’i, and Hanbali [196] According to the Hanbali Madhab: likening the wife to the back of a man, is deemed a valid Dhihaar. In other opinion: it is viewed as a valid Dhihaar. Madhabs, and the view of some of the Maliki scholars, and it is the opinion of most of the scholars.