The ruling on Ila' is prohibited because of the oppression and harm done to women.
Its pillars:
Its pillars are six: One who makes an oath, something with which a person swears, something to fulfill or prohibit by an oath, a duration, a form, and a wife.
(1) The condition of the one who makes an oath should be a husband who has full capacity, has the free will to make choices, and is able to have sexual intercourse with his wife. So, other than a husband cannot make Ila' such as a master. People who do not have full capacity such as intoxicated cannot make Ila'. The one who is forced to Ila' cannot make Ila', likewise the one who cannot have sexual intercourse with his wife such as a complete eunuch or a paralyzed.
(2) The condition of the sworn by is: It must be one of three: One of Allah's name, one of His Attributes, or suspending Ila' on divorce or emancipation, or making a commitment such as vowing to offer Salah, fasting and other kinds of righteous actions. Whoever swears by something other than Allah shall not be an oath breaker and no penance due to him if he breaks his oath such as to say: By the Ka`bah, by dawn, by night, or something of the like; in this case he is not practicing Ila' because all these are outside the range of oath.
(3) The condition of the thing which should be fulfilled or abandoned is to abandon the sexual intercourse with one's wife, so there is no Ila' if a husband prohibits enjoying any part of her body or abandoning sexual intercourse with her during menstruation or during the state of Ihram.
(4) The condition of the duration is: To be more than four months, so if the period is less than four months, it will not be a type of Ila' but just an oath because a woman can endure the separation of her husband for four months. `Amr ibn Dinar said: `Umar ibn Al Khattab went out one night then he heard a woman saying:
The night is long and dark, and I have no one to play with.
By Allah, unless I fear Him, this bed would have shaken all over.
Thereupon, `Umar asked his daughter Hafsah (may Allah be pleased with her): How long a woman can endure the separation of her husband? She said: Six months or four months. Then `Umar said: I shall not prevent soldiers in the army to be away from home for more than that period.
(5) The form of Ila’ should be a word that indicates Ila' either explicitly such as: I shall not have sexual intercourse with you or I shall not have a shower due to Janabah (major ritual impurity related to sexual discharge); and this type does not require intention. So, if someone claims that he does not mean sexual intercourse, he shall not be believed by the judge.
The other form is implicit: It is every word that may imply the meaning of sexual intercourse besides other meanings and this type requires an intention such as: I shall not catch you, come to you, lie on you, do not touch you, I shall tease you, I shall harm you, I shall not enter on you, I shall not gather my head and yours, I shall not lie with you, I shall not approach you, I shall not spend the night with you, my skin shall not touch your skin, and I shall not approach your bed. This type of Ila' requires an intention and shall be effective before the judge.
(6) A husband may practice Ila' in regard to his wife and his revocable divorced wife.
Comments
phd weight loss: https://phdthesisdissertation.com/ dissertation def dissertation proposal: https://writeadissertation.com/ dissertations online
proposal writer research proposal apa custom research paper writing services term paper help
define thesis: https://argumentativethesis.com/ good thesis statements doctoral thesis: https://bestmasterthesiswritingservice.com/ writing a thesis
how to become a better essay writer https://domyhomeworkformecheap.com
professional essay writing best paper writing services best online essay writing services reviews best resume writing service 2019
essay help: https://essaytyperhelp.com/ help writing essay essay writer: https://helptowriteanessay.com/ medical school personal statement
homework help cpm homework do my finance homework do my math homework for me
essays for sale: https://payforanessaysonline.com/ pay for papers essays for sale: https://buycheapessaysonline.com/ pay someone to write your paper
pay someone to write an essay https://domycollegehomeworkforme.com
essay writer free trial essay writer review website that writes essays for you write my essay
help with my essay: https://essaytyperhelp.com/ help with my essay help me write an essay: https://helptowriteanessay.com/ essay helper
essay writers online online essay writer write my essays online do my essay
write my essay: https://hireawriterforanessay.com/ write my essays online essay writer review: https://theessayswriters.com/ write my thesis for me
how to write a college narrative essay https://bestmasterthesiswritingservice.com
essay writing services essay help service spanish essay writing service easy essay writing
dissertation data analysis help: https://helpwithdissertationwriting.com/ phd paper dissertation writers: https://dissertationwritingtops.com/ phd paper