🚪 Divorce, ʿiddah & rujuk · #31
My husband swore he would not touch me. What is the ruling on ila'?
Ila' is when a husband swears not to have intercourse with his wife for more than four months; after four months he must either return to his wife or divorce her.
Allah gives a husband who makes ila' a period of four months. If he returns, he pays the expiation for his oath, and Allah is Most Forgiving. If he resolves on talaq, the talaq takes effect.
In the Shafi'i school, after four months the wife may make a claim in court; the judge compels the husband to choose between returning and talaq, and if he refuses, the judge may pronounce the talaq. Leaving a wife without conjugal relations can also be a ground for fasakh. See talaq & divorce.
Allah gives a husband who makes ila' a period of four months. If he returns, he pays the expiation for his oath, and Allah is Most Forgiving. If he resolves on talaq, the talaq takes effect.
In the Shafi'i school, after four months the wife may make a claim in court; the judge compels the husband to choose between returning and talaq, and if he refuses, the judge may pronounce the talaq. Leaving a wife without conjugal relations can also be a ground for fasakh. See talaq & divorce.
Difference between schools. Hanafi: an irrevocable talaq takes effect automatically after four months if the husband does not return. Shafi'i, Maliki, Hanbali: not automatic; the husband must choose or the judge divorces them.
Sources
Surah al-Baqarah 2:226Surah al-Baqarah 2:227Surah al-Ma'idah 5:89