Fathwa, - Waiting period for the divorce by vow of abstinence

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Question
Please what is the Iddah of a woman whose marriage was dissolved by "Eala" or the vow of abstinence? Also, can the parties marry each other again after such dissolution?
I would also like to know the position in respect of Zihar.
Answer
Praise be to Allah, the Lord of the Worlds; and may His blessings and peace be upon our Prophet Muhammad and upon all his Family and Companions.
When the period of the oath not to have sexual relationship with one's wife expires, which is 4 months, the husband is ordered to have sexual intercourse with his wife. If he refuses, she can ask him to divorce her. If he refuses, then the judge would pass a decision in favor of her divorce to prevent harm to her.
The husband can make his wife return to wedlock during the waiting period, because this kind of divorce is revocable.
Ibn Qudamasaid inAl Mughni: "the divorce of the oath not to have sexual relationship is a revocable divorce, either he caused the divorce himself, or it is the judge who passed a decision of their divorce".
As regards Zhihar, which is to say to the wife "you are like my mother's back," as far as sexual relations is concerned its ruling is that it becomes forbidden for the husband to have sexual relations with his wife until he expiates for this. The expiation for this is to free a slave, and if he has no money to free a slave, he has to fast for two consecutive months, and if he cannot do so, he has to feed 60 poor people.
If the husband who pronounces Zihar refrains from the expiation despite the fact that he can expiate, or if he is unable to expiate and the wife wants divorce, then she is entitled to it. However, the husband can take her back as this is a revocable divorce, without her consent or her guardian's consent.
In case the divorce takes effect in Eela or Zihar, then her waiting period is like that of any divorced woman.
If she is pregnant, her waiting period is until she gives birth; if she has no menses, she has to wait three moths, and if she is not pregnant but has menses, her waiting period is 3 menses.
Allah knows best.

- PUBLISHERNajimudeeN M

Fathwa, - Swore not to touch his wife

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Question
After arguing with my wife, I swore not to touch her )Ijmaa'( but in my mind, I meant just until I want to. What should I do?
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammadis His slave and Messenger.
There is no harm on you for making an oath not to have sexual intercourse with your wife since you did not condition that on four months or more. Therefore, it is permissible for you to have sexual intercourse with your wife whenever you want and you do not have to expiate for it as you conditioned that on your intention. However, you should not refrain from having sexual intercourse with your wife to an extent to harm her.Ibn Hazmsaid: 'The husband is obliged to have sexual intercourse with his wife at least once between every two menses if he is able to do so otherwise he is sinful. The evidence about this is the saying of Allaah )which means(:}And when they have purified themselves, then go in unto them as Allaah has ordained for you )go in unto them in any manner as long as it is in their vagina(…{]Qur'an 2: 222[.'
Allaah knows best.

- PUBLISHERNajimudeeN M

Fathwa, - Made a forbidden oath

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Question
I have married but now we have conflict, and I have swear to Allaah I can't, have sex relation with her again if I will do that can be same like I have sleep with my mother, so if she will regret for her mistake can she be my wife again?
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammadis His slave and Messenger.
Swearing not to have sexual intercourse with your wife does not make her unlawful to you. If you have sexual intercourse again with her, this means that you broke your oath and therefore you have to expiate for breaking your oath; for this please refer to Fatwa: 81501.
However, if you do not have sexual intercourse with her again, it would be permissible for her to take the matter to a Muslim judge, if any, or to any Islamic centre which would give you the choice either to have sexual intercourse with her or to divorce her. Allaah says )which means(:}Those who take an oath not to have sexual relation with their wives must wait four months, then if they return )change their idea in this period(, verily, Allaah is Oft-Forgiving, Most Merciful. And if they decide upon divorce, then Allaah is All-Hearer, All-Knower.{]Qur'an 2:226-227[.
Finally, it should be noted that the two spouses should be keen on preserving the stability of marital life and understand each other in solving the problems that might occur between them.
Allaah knows best.

- PUBLISHERNajimudeeN M