What Are Ila’ and Zihar, and Do They Have Modern-Day Equivalents in Contemporary Life?
Hanafi Fiqh
Answered by Shaykh Bassem Itani
Question
What are Ila’ and Zihar, and do they have modern-day equivalents in contemporary life?
Answer
All praise is due to Allah, Lord of the worlds, and blessings and peace be upon our master Muhammad, his Family, and all his Companions.
Meaning of Ila’ (الإيلاء) in Islamic Jurisprudence
Ila’ occurs when a husband swears to abstain from intimate relations with his wife for a period of four months or more. This can be done either indefinitely or for a set time, even if the oath is for more than four months. However, if the oath is for less than four months, it is not considered ila’ in terms of divorce.
Examples include saying to one’s wife: “By Allah, I will not be intimate with you for five months,” or “By Allah, I will not have relations with you for a year.” Even a four-month period counts as ila’. [See: Maydani, al-Lubab fi Sharh al-Kitab]
The basis for ila’ is found in the verse of the Quran:
“Those who swear not to have intercourse with their wives must wait for four months. If they change their mind, then Allah is certainly All-Forgiving, Most Merciful. But if they settle on divorce, then Allah is indeed All-Hearing, All-Knowing.” [Quran, 2:226-227]
The meaning here is that those who swear by Allah or His attributes not to engage with their wives should wait for four months. If they return to their wives within this period, they must offer expiation for the oath. If the four months pass without reconciliation, the divorce is finalized.
Ruling on Ila’
If the husband fulfills his oath and refrains from intimacy for more than four months, one irrevocable divorce (talaq ba’in) occurs. The husband must also offer expiation (kafara) for breaking his oath if he does not follow through. If the oath was for less than four months, no divorce occurs even if he refrains from intimacy for longer.
Modern examples of ila’ could be saying things like: “By Allah, I will not come near you,” or “I will not be intimate with you,” or even “If I touch you, I must perform Hajj or ‘Umra.”
Meaning of Zihar (الظهار) in Islamic Jurisprudence
Zihar is when a husband likens his wife to a woman who is permanently forbidden to him, such as his mother or sister. This can be expressed either about the whole body or a part of it.
For example, saying, “You are forbidden to me like my daughter,” or “You are to me like my mother’s back” (the back being used here to represent a part of the body). [See: Maydani, al-Lubab fi Sharh al-Kitab]
Ruling on Zihar
It is forbidden for a man to perform zihar because it is as though he makes his wife unlawful to him like his mother. This is considered false speech. If a man engages in zihar, he cannot touch, kiss, or have relations with his wife until he offers the required expiation.
Expiation for Zihar
The expiation involves freeing a slave (which no longer applies today), fasting for two consecutive months, or feeding sixty poor people if fasting is not possible.
Allah (Most High) says:
“Those of you who (sinfully) divorce their wives by comparing them to their mothers (should know that) their wives are in no way their mothers. None can be their mothers except those who gave birth to them. What they say is certainly detestable and false. Yet Allah is truly Ever-Pardoning, All-Forgiving. Those who divorce their wives in this manner, then (wish to) retract what they said, must free a slave before they touch each other. This (penalty) is meant to deter you. And Allah is All-Aware of what you do. But if the husband cannot afford this, let him then fast two consecutive months before the couple touch each other. But if he is unable (to fast), then let him feed sixty poor people. This is to re-affirm your faith in Allah and His Messenger. These are the limits set by Allah. And the disbelievers will suffer a painful punishment.” [Quran, 58:2-4]
Modern-day expressions of zihar could include saying something like: “You are forbidden to me like my mother,” or “You are like my daughter in terms of being forbidden.”
If a man says, “You are to me like my mother,” then his intention is taken into account. If he meant it as a form of respect or honor, then it is as he said. However, if he meant zihar, then it is considered zihar. If he intended divorce, it counts as an irrevocable divorce. If no intention was involved, it does not count as anything.
Conclusion
Sacred Law prohibits zihar and imposes a mandatory expiation to deter people from such false and harmful statements. Zihar contradicts reality and fairness, as it unjustly harms the wife. Allah has ordained expiation to rectify this injustice and to prevent harm from befalling the wife.
And Allah is the Bestower of success.
[Shaykh] Bassem Itani
Shaykh Dr. Bassem Itani
Shaykh Dr. Bassem Hussayn Itani was born in Beirut, Lebanon, in 1965. He earned his Ph.D. in Islamic Studies in 2005. Among his mentors were Shaykh Muhammad Taha Sukkar, Shaykh Adib al-Kallas, Shaykh Mulla Abdul ‘Alim al-Zinki, Shaykh Abdul Rahman al-Shaghouri, Shaykh Abdul Razzaq al-Halabi, Shaykh Dr. Mustafa Dib al-Bugha, Shaykh Dr. Wahba al-Zuhayli, Dr. Muhammad al-Zuhayli, and others, may Allah have mercy on them all.
Shaykh Itani has a rich background in both academic and administrative fields. He has held significant positions in many governmental and non-governmental institutions in Lebanon and abroad. This includes his role as a member of the Academic Committee at SeekersGuidance and a senior teacher with the free online global seminary.
From 2020 to 2021, he served as the Dean of the College of Da‘wa – University for Islamic Studies (Lebanon) – Postgraduate Studies. He was the Director of Dar Iqra for Islamic Sciences from 1998 to 2018. Shaykh Itani is a well-versed teacher in several academic subjects, including Fiqh, Usul, Aqida, and Tafsir. He has supervised and examined numerous Master’s and Doctoral theses at various universities and colleges in Lebanon.
His contributions to Islamic sciences are also evident in his writings and research. His notable works include “The Relied-upon Statements of Imam Zufar in the Hanafi School,” “Collective Ijtihad: The Sublimity of Thought in the 21st Century,” and “Custom and its Impact in Islamic Jurisprudence.” Shaykh Itani has actively participated in numerous scientific conferences and seminars, both in Lebanon and internationally. He is linguistically adept, excelling in Arabic, proficient in French, and comfortably conversant in English.