Lla’ in Islam, its concept, pillars, and the position of jurists on it

Abstract

 This research addresses the topic of ila' (oath of abstinence) in Islamic jurisprudence, which is a husband's oath to abstain from marital relations with his wife for a specified or indefinite period. Its rulings were legislated to protect the family and prevent harm to the wife. The concept of ila' is explained linguistically and technically according to Islamic jurists, along with its definitions in various schools of Islamic jurisprudence. Its legitimacy is demonstrated in the Holy Quran and the Prophetic Sunnah. The research also examines the pillars of ila' and the conditions for its validity, including the subject of the oath, the subject of the oath, the wording, the duration, and the spouses involved. It clarifies the specific terms used to establish ila' and the legally recognized period for its validity. Furthermore, the research explains the legal consequences of ila' according to Islamic jurists, and the implications of the husband returning to his wife or continuing to abstain from marital relations after the legally specified period has expired. The research highlights the differences among the schools of Islamic jurisprudence regarding certain aspects of ila', such as whether divorce occurs upon the expiration of the period and its nature (irrevocable or irrevocable), presenting the evidence upon which each school bases its position. The research also demonstrated the legislative wisdom behind the oath of abstinence (ila') in achieving a balance between the rights of spouses, protecting the family from abuse and harm, and ensuring the stability of marital life.