The Quran

Preface

وَالَّذينَ يُظاهِرونَ مِن نِسائِهِم ثُمَّ يَعودونَ لِما قالوا فَتَحريرُ رَقَبَةٍ مِن قَبلِ أَن يَتَماسّا ۚ ذٰلِكُم توعَظونَ بِهِ ۚ وَاللَّهُ بِما تَعمَلونَ خَبيرٌ

Yusuf Ali

But those who divorce their wives by Ẓihār, then wish to go back¹ 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 God is well-acquainted with (all) that ye do.

If Ẓihār were to be ignored as if the words were never uttered, it would mean that men may foolishly resort to it without penalty. It is therefore recognised in respect of the penalty which the man incurs, but safeguards the woman’s rights. She can sue for maintenance for herself and her children, but her husband could not claim his conjugal rights. If it was a hasty act and he repented of it, he could not claim his conjugal rights until after the performance of his penalty as provided below. If she loved him, as in Khawlah’s case, she could also herself sue for conjugal rights in the legal sense of the term and compel her husband to perform the penalty and resume marital relations.