You are on page 1of 1

'

make a vow and in the Shariah it the husband makes a vow to refrain from his wife for a stipulated period of time. This is evident from the folloing verse of the Quraan, "As for those who swear that they will not go back to their wives, the waiting period is four months. Then if they go back Allah is surely forgiving

ILA a literal.ly means to means that

.merciful And if they resolve on a divorce, then Allah is All hearing, All knowing." {2:226-227) Based on this verse the following three situations would be deemed as Ila. 1. If a person swore that he would not have relations with his wife and did not stipulate any specific time.
If a person swore that he would not have relations with his wife for a period Of four months .

person swore that he would not have relations with his wife for a period more than four months. In the above three cases if the husband breaches his vow and goes back to his wife

If a

Before the expiration of four months then his marriage would continue but an expiation
(kaffara) is essential upon him. The expiation is that he should free a slave or feed ten poor persons in a reasonable manner. If he is unable to do either of them, then he should fast for three days consecutively. On the other hand, if the husband allows four months to be completed and did not return to her then one irrevocable divorce occurs. This means that the husband is not
,;

allowed to return to his wife except through remarriage when there is mutual consent of both parties.

then his marriage would less than four months and has allowed the stipulated time to pass Continue as sound and there is no Kaffarah. However if he broke his vow a n d returned to
his wife before the stipulated period (which he made) then the expiation (Kaffara) is binding upon him.
Zihar
'

If the husband had taken the vow to refrain from relationships with his wife for

Zibar in the shariah means a husband's statement to his wife, ''You are to me as the

back of my mother." This statement brings about a temporary prohibition of conjugal


relations between both spouses until the husband fulfills the expiation (kaffaara). The jusists have also included in the act of Zihar a husbands comparing his wife with his mother or any other woman who is permanently forbidden to him in marriage. This was a sinful practice which existed in the pre Islamic days and was corrected by Islam. The Quraan prohibits the believers from practicing Zihar and has imposed a penalty upon

Themfor doing the same'. The Quraan states, "Those who pronounce Zihar amongst you (to
separate) from their wives (by calling them mothers) they cannot be their mothers. Their mothers are none but those who gave birth to them. And indeed they are saying an undesirable state ment and a. falsehood. But indeed Allah is pardoning and forgiving.''