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Marriage

Answered according to Hanafi Fiqh by Fatwaa.com

Does eela occur without an oath?
What are the conditions required for eela???

Answer

Wa’alaykum as Salām wa rahmatullāhi wa barakātuhu,

Ῑlā is defined as every such oath taken by the husband which, by virtue of such an oath, prevents him from having sexual relations with his wife for four lunar months or more to the extent that if he engages in sexual relations with her prior to the passing of four lunar months, then he would be liable to a penalty for having broken such an oath, and without violating the oath and the lapsing of four months, then one irrevocable Ṭalāq would occur in which case the marriage terminates and the wife would have to observe the Iddah.

There are no conditions for the laws of Ῑlā to become effective except that the oath may only be taken using any of the names of Allāh and none other.

And Allaah Ta’aala knows best

Wassalaam,

Ismail Moosa (Mufti)

This answer was collected from Fatwaa.com which is an excellent Q&A site managed by Mufti Ismail Moosa from South Africa. .

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