Does a husband's estrangement from his wife for more than four months, and his saying to her, "I am not holding you, go," when she asks for a divorce, constitute an Ila' or a divorce?

The husband's statement "Go" is a

metaphorical expression of divorce and does not constitute a divorce unless

intended. Scholars differ on the ruling of īlāʾ (vow of abstinence) if the

husband did not swear an oath to abandon sexual intercourse. The Malikis hold

that īlāʾ is established if the husband intended harm. The wife may refer the

matter to a judge for him to divorce the husband or grant him a grace period,

especially if the abandonment has no legitimate religious justification. It is

advisable for the spouses to reach an understanding and for two arbitrators to

be involved for reconciliation. In the event of divorce, custody belongs to the

mother, with the father being obliged to provide for the children's expenses and

housing, and for the mother's housing during the custody period if she has no

residence.