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.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 135276
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy