The Application and Meaning of Zihar In Contemporary Muslim Family Life

Abstract

The phenomenon of ẓihār in contemporary Muslim society has undergone a significant transformation from its classical understanding in Islamic jurisprudence. Ẓihār is no longer limited to the explicit verbal declaration that likens a wife to a maḥram, but increasingly manifests in concrete actions such as marital neglect, cessation of financial and emotional support, prolonged emotional distancing, and the absence of marital status certainty. These practices place wives in vulnerable positions, causing psychological, social, and economic harm. This study aims to analyze the concept of modern ẓihār from the perspectives of Islamic law, the Compilation of Islamic Law (KHI), Indonesian positive law, and the framework of women’s protection, while examining its relevance to the normative message of QS. Al-Mujādilah. This research employs a library research method with a normative-analytical approach, integrating classical and contemporary fiqh sources, Qur’anic exegesis, and national legal regulations, particularly Law Number 23 of 2004 on the Elimination of Domestic Violence (UU PKDRT). The findings indicate that modern ẓihār, although not verbally articulated, essentially constitutes a form of marital neglect that results in psychological violence and violations of wives’ rights, thereby carrying moral and legal consequences. The interpretation of QS. Al-Mujādilah emphasizes that any treatment denying a wife’s dignity, rights, and recognition is a reprehensible act requiring accountability. Therefore, this study highlights the importance of synergy among Islamic law, positive law, and Qur’anic values as a normative foundation for protecting women’s dignity and realizing justice and the objectives of marriage in contemporary Muslim families