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Indore Institute of Law: Muslim Law Injurious Assimilation (Zihar) Ground of Divorce

This document discusses the concept of Zihar in Muslim law, which is a form of divorce. [1] Zihar occurs when a man compares his wife to his mother or sister, which is considered an insult in Islamic law. [2] If a man commits Zihar after marriage, he must perform an atonement, such as fasting for two months or feeding 60 people, to revoke the Zihar. [3] Zihar is an illegal form of divorce under Muslim law and does not result in the dissolution of marriage.

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Rashi Gupta
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389 views8 pages

Indore Institute of Law: Muslim Law Injurious Assimilation (Zihar) Ground of Divorce

This document discusses the concept of Zihar in Muslim law, which is a form of divorce. [1] Zihar occurs when a man compares his wife to his mother or sister, which is considered an insult in Islamic law. [2] If a man commits Zihar after marriage, he must perform an atonement, such as fasting for two months or feeding 60 people, to revoke the Zihar. [3] Zihar is an illegal form of divorce under Muslim law and does not result in the dissolution of marriage.

Uploaded by

Rashi Gupta
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Indore institute of law

Muslim Law
Injurious assimilation (Zihar) ground of divorce

Submitted to:-Asst.Prof. Navin Dave


Submitted by:-Rashi Gupta
BBALLB/4th sem
Divorce under muslim law

Divorce means the legal dissolution of the marital union between a man and a
woman. The essence of divorce in Islam is the inability of the parties to live
together. Divorce may be given either by a Muslim husband or wife.

 Modes of Divorce/Talaq-
“Talaq” is the Urdu term for divorce. Under Muslim law, divorce is considered to
be the absolute privilege of the husband who may pronounce it at his pleasure
through express words or implied acts. Divorce under Muslim law may be
classified into four kinds:
Zihar

 Zihar may be performed both by a male or a female. But there is a condition


attached to it. A woman can perform Zihar before marriage, while and a man
can perform after marriage. This statement can be elaborated in the following
way: If a woman compares someone to be like her brother or father, and or ask
him to be her brother or father, and get married later on with him; in any such
situation, she will have to pay atonement. In the same way, if a man becomes
committed to Zihar after marriage, he would be bound to practice atonement.

 Zihar is established by the Islam in order to reduce and stop/restrict the society
from repeating such offences.
After the expiry of fourth month the
wife has following rights:-

(i) She may go to the court to get a decree of judicial divorce

(ii) She may ask the court to grant the decree of restitution of conjugal rights.
Where the husband wants to revoke Zihar by resuming cohabitation within the said
period, the wife cannot seek judicial divorce.
(iii) The wife is entitled to call her husband to pay maintenance allowances .
It can be revoked by:

(i) The husband observes fast for a period of two months, or,

(ii) He provides food at least sixty people, or,

(iii) He frees a slave.


Legality of zihar

 Zihar is illegal and considered an insult in the Islamic law . It implies that the man,
declaring his wife akin to his mother or sister, is guilty of the sin of forbidding
the lawful hings. It has been proscribed by law and the act does not ensue in divorce.
It is condemned in the law.
 In all the cases regarding dissolution of Marriage including zihar the rule of decision
shall be considered under the Section 2 of the Dissolution of Muslim Marriage Act
1939.
Thank you...

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