Tashbih (comparison in legal speech: zihar, slander, abuse)

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

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

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

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

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