Wa `alaykum As-Salamu wa Rahmatullahi wa Barakatuh

 

In the Name of Allah, the All-Merciful, the Mercy-Giving

  

All praise is due to Allah. Peace and blessings be upon His Messenger Muhammad.

 

Zihār is different from divorce. It used to be a form of divorce in the pre-Islamic period of heathendom, but Islam transformed it to a new concept. It is an insult proffered by a husband upon his wife which likens the wife to some prohibited female relation of his, and exposes the husband to divorce.

 

In case the husband intends to keep his wife, he must pay an expiation which is shown in Surat Al-Mujadalah. His intention to keep his wife is discerned by not divorcing her and keeping her even if for a second upon the pronouncement of zihar.

 

However, the case of your friend is a case of divorce. But if he is doubt whether he divorced or not, such a divorce is not effective.

 

This is based on the legal maxim that certainty cannot be overruled by doubt. It was narrated that Abu Sa’eed Al-Khudri said: “The Prophet was asked about doubts (concerning ablution) during prayer. He said: ‘he should not leave until he hears a sound or detects an odor.'” The default status is that both are married. This is proved in certainty. This case of certainty cannot be overruled by just doubt. It can only overruled by certainty, i.e. both parties or one of them makes sure that the husband pronounced divorce.

Almighty Allah knows best.