1

Eelaa’ – Taking an oath against engaging in conjugal relations with ones wife

Answered according to Hanafi Fiqh by TheMufti.com

Q. My husband has taken an oath to not have intercourse with me for one year. Does this effect my marriage in any way?


A. In principle, if a husband takes an oath not to have conjugal relations with his wife for four Months or more (as stated in the above query) and he fulfils his oath by not having conjugal relations with his wife for four Months, then one irrevocable divorce (At-Talaaqul-Bain) will take place. In such a case, if a husband has conjugal relations with his wife during the four Months, then no divorce will take place but the compensations of an oath (Kaffaratul Yameen) will be necessary. (Al Bahrur-Raaiq 4/68)

However, if a husband stated that he will not have conjugal relations with his wife without taking an oath, no divorce will take place. (Fathul Qadeer 8/465)

This type of an oath or situation is called Eelaa’ and has its own rules and regulations. In such sensitive situations, we advise that cases of this nature should be referred to reliable and competent Ulama or Ulama bodies for their expert advice and observation.

Allah Ta’ala Knows Best

Mufti Ismaeel Bassa

This answer was collected from TheMufti.com, which is a fatwa portal managed by Mufti Ismaeel Bassa from South Africa.

Sidebar