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Family, marriage and kinshipEthics and character
Overview
The ruling on tashbih depends on where it is used. Likening one's wife to a woman forbidden to him for ever is zihar, forbidden by the text. 1
Tashbih in zihar
Zihar in law is likening a Muslim's wife, or a common part of her, to a woman forbidden to him for ever, as in saying «you are to me like my mother's back». 1 Intercourse with the wife is forbidden before expiation, by consensus; most jurists forbid sensual contact short of intercourse, and one Shafii view and one Hanbali narration forbid only intercourse. 1 Allusive wording takes effect as honour, zihar or divorce according to intention. 1
Tashbih in slander
The scholars agree that an explicit accusation of adultery is slander that carries the hadd. 1 For an allusion, Malik calls it slander; Abu Hanifa and al-Shafii do not, unless the speaker says he meant slander. 1 Malik's argument is that the hadd exists to remove the disgrace, which an allusion can cause. 1 Umar imprisoned al-Hutay'a for a line that likened a man to women in being fed, watered and clothed. 2 For Malik, if a comparison of a man or a woman to a chaste person is understood as mockery, it is like an explicit accusation. 2
Likening a Muslim to what he dislikes
A Muslim may not liken his brother to what he dislikes, with or without the comparison particle, such as «you effeminate one» or «you blind man». 2 The jurists agree that calling someone «unbeliever», «hypocrite», «one-eyed», «liar», «wicked» or the like, causing unjust harm even by a wink or a hand signal, is punished with ta'zir. 2
Comparison with animals
Most jurists punish likening a person to base animals, such as «donkey» or «dog»; this is the preferred view of later Hanafis. 2 In the apparent narration of the Hanafis there is no ta'zir, because the speaker's lie is obvious, and some distinguished between a noble and a common person. 2 If the abuse reaches slander, such as accusing someone of adultery without proof, the rule is in the entry on slander. 2
People and things also explored
Joy and gladness (al-farah wal-surur)· Hardship and fear of sin ('anat) in marrying a slave-woman· Shahwa (desire: its effect on touch and ablution, on fasting and pilgrimage, on looking, on marriage by touch and on the breaking of the marriage bond)· Shakk (doubt in law: its kinds, the rule that certainty is not removed by doubt, and its effect on worship, contracts, penalties and evidence)· Ghadd al-basar (lowering the gaze)· Hadiyya (gift)· Hajr (abandonment and shunning: its rules for a believer, a sinner, an innovator and a wife)· Hiba (gift: its pillars, the parties, the thing given, possession, return and conditions)
Sources
- al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.5184
- al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.5185
Cite this page
islam.museum contributors. “Tashbih (comparison in legal speech: zihar, slander, abuse)”. islam.museum, https://islam.museum/en/concept/tashbih-simile-in-law/. CC BY-SA 4.0. Last updated 2026-10-23.