Abstract
This paper is an analytical study of Zihār practices as a legal reform as discussed in the Jawahirul-Iklil of Al-Abi Al-Azhari. The book under study is one of the leading Maliki Schools of Law in West Africa. Nigeria. Both the original book (Muktasar al-Khlil) and the commentary (Jawahirul-Iklil) clearly state the Qur’an’s verses on zihar. Islām is a perfect religion guided by a divine book and by a messenger sent to the entire nation, with a divine law. Islām came as a regulator to govern all aspects of human life, regardless of gender. Zihār is among the practices in the Jahiliyyah period that Islāmmet and found the Arabs practised it, then, Islāmseeks to reform the practices of Zihār in the book under study, which was entrenched in Arabian culture as an oppressive tool that men used to punish women by divorcing them yet keeping them in their ex-husbands’ home without the men fulfilling any marital obligation. This paper navigates how Islām came to put a check on this practice and highlights the regulations governing Zihār in the Jahiliyyah period, as introduced by Islām in its pursuit of social reform within the family system. By evaluating both opportunities and risks, the study highlights the need for clear guidelines rooted in the Qur’an to ensure that Zihār practices among Arabs in the Jahiliyyah complement rather than distort the Qur'an's understanding. The research methods adopted for this work were historical, exegetical and descriptive. The historical method enabled the researcher to examine the historical background of the word Zihār and its emergence in Islām, while the exegetical method was used to expound various textbooks in relation to the key issues addressed in this work. The study’s findings indicated how the author of Jawahirul-Iklil interpreted Zihār practices and the legal judgment based on Qur’anic teachings and in accordance with the Imam Malik school of Law. The study’s findings were that, away from the approach of detailing the neglect of Zihār practice in modern-day society. The paper concludes that Zihār, as an old practice, should not be recognised in the present day. The paper concludes that Zihār practices are an old style of divorcing chaste women, which Islām does not accept, and it should not be recognised in the present day.
Keywords: Zihār, Qur’an, Legal Reform
DOI: www.doi.org/10.36349/tjllc.2026.v05i02.017
author/GAMBARI, Muhammad Aliyu Ph.D
journal/Tasambo JLLC 5(2) | February 2026 |
