Özet:

Ẓihār is one of the many types of divorce seen in the Age of Ignorance. It was a common form of divorce, defined as a man's comparing his wife to a woman whose marriage is forbidden to him to make her wife unlawful for himself. This practice is addressed by Aḥzāb and Mujādala sūras, and its provisions have been an issue of discussion. In Sūra al-Aḥzāb, which is mentioned with respect to relations with people, ẓihār is criticized for unfair behavior towards spouses and adopted children by stating that two contradictory attitudes should not be adopted. The verse focuses on these two relations; namely, the common use of the term "mother" for wife and the perception that an adopted child is one’s own child. Thus, this verse established the ground for the issue in Sūra al-Mujādala, which would be revealed later. Sūra al-Mujādala elaborated on this issue in terms of jurisprudence and mentioned its penal sanctions. In the verses, ẓihār was accepted as a form of divorce in Islam, just as in the Age of Ignorance. However, a new legal provision was introduced, and solutions were offered. Thus, the Qurʾān gave a new status to ẓihār, which was irreversible in the Age of Ignorance as it was considered strictly forbidden. In other words, a new solution was offered to ẓihār, with the options of divorce or atonement (kaffāra), and possibilities were listed to ensure the continuation of marriage. The new provisions mentioned in these two sūras and the details about them were evaluated by the fuqahāʾ, and the provisions of ẓihār were clarified accordingly. As it often happens in various other issues, it was found that the fuqahāʾ disagree on some aspects of the issue, although there are some others on which they are in agreement. In the light of the information in the literature, the present study offers broad information about ẓihār and analyses the new solution brought by the Qurʾān in terms of terminating marriage or ensuring family reunification. It evaluates the provisions of this solution by taking into account the order of the verses, along with word order and the prepositions used in them. It was found that the words used in the verses affect both the solution and the result. The expression “ثم يعودون لما قالوا” in the third verse of Sūra al-Mujādala was examined and its effect on the jurisprudence was evaluated. While the majority of the fuqahāʾ often interpret this sentence as "they go back on what they said/say", some jurists note that it means "they repeat what they say". This difference in interpretation, arising from the literal approach, affects the occurrence of ẓihār and the nature of breaking it. The difference between these two interpretations has affected the literal approaches to interpreting the verses and the nature of the judgment about this issue. The meaning of the verses in terms of judgment is critical in jurisprudence. To determine provision, it is necessary to approach the issue methodologically and take into account other evidence. Otherwise, the result will be divergent and debatable. Therefore, the present study evaluates the subject by considering all its dimensions based on a specific verse and a statement in it as an example to understand the importance of approaching the issue by ensuring the unity of the Qurʾān and Sunna. Thus, it evaluates the relationship of the Book with other evidence and its role in understanding the verses. With this aim in mind, first of all, it takes into consideration the verses and the syntax of the words mentioned in them, the choice of prepositions, along with the relationship these verses with other verses. Moreover, the present study pays a special attention to the integrity of the evidence by taking into account the application of the provisions of these verses in the Sunna and the meaning they express. For the literal evaluations, the study uses grammatical information and examines the evaluations in jurisprudential sources in addition to what is provided by narrated and direct exegesis. It takes into consideration not only supporting but also opposing views and makes evaluations about them. Thus, the present study is shaped in the light of the information and evaluations mentioned in the jurisprudential sources, together with the aḥkām aspect of the verse. In this regard, it discusses the concept of ẓihār in general, its process mentioned in the verses, and the offered solutions, and specifically interprets the expression above in the light of grammar, semantics and the practices in the Sunna; it makes jurisprudential analyses about it. Thus, it evaluates the jurisprudential aspect of this verse based on the tafsīr tradition.

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