58:2-3

58:2-3

58:2

(As for) those of you who put away their wives by likening their backs to the backs of their mothers,

they are not their mothers; their mothers are no others than those who gave them birth; and most

surely they utter a hateful word and a falsehood and most surely Allah is Pardoning, Forgiving.

58:3

But those who divorce their wives by Zihar, then wish to go back on the words they uttered, – (It is

ordained that such a one) should free a slave before they touch each other: Thus are ye admonished to

perform: and Allah is well-acquainted with (all) that ye do.

If the practice of ẓihār were simply disregarded as though the words had never been spoken, it would allow men to utter such statements carelessly without consequence. Islamic law therefore acknowledges the declaration in order to impose a legal penalty upon the husband while simultaneously protecting the rights of the wife. Under these regulations, the woman retains the right to claim maintenance and financial support. Moreover, if the husband regrets his statement and seeks to resume marital relations, he must first fulfill the prescribed expiation before regaining his conjugal rights (Ali, n.d.).

In cases where the wife wishes to maintain the marriage—as occurred in the case of Khawlah—she may also seek legal recourse to restore marital relations. This involves requiring the husband to perform the mandated penalty and then resume his responsibilities within the marriage. In this way, the ruling both discourages the misuse of ẓihār and safeguards the dignity and rights of the woman within the marital relationship (Ali, n.d.).

References:

Yusuf Ali, Abdullah. Translation and Commentary of the Quran. (surah 58 verse 3)