Conditions for īlāʾ (the oath of abstinence) according to the Malikis, compared to the Jordanian Personal Status Law

Abstract

Objectives: The research aims to clarify the meaning of Ilaa in the Maliki school of thought, explain the conditions of Ilaa according to them, and explain what is considered Ilaa according to the Malikis, and what is not considered Ilaa in each of these conditions.

Methods: The study followed the comparative approach: by comparing the sayings of the Maliki jurists with the opinions of the jurists in other schools With a statement of the evidence of each team regarding what they believed.

Results: The Mālikī school established specific conditions for each pillar of īlāʾ (oath of abstinence), clarifying when it is valid and binding. According to the Mālikīs, īlāʾ is established by any wording indicating an oath, and the husband becomes bound once it is uttered, even if it does not explicitly contain offensive language, so long as it implies harm to the wife through abstention. They define its period as exceeding four months. In contrast, the Jordanian Personal Status Law addresses īlāʾ in a brief and general manner, referring to the oath, valid marriage, abstention from intercourse, and limiting the duration to four months without detailing the legal consequences afterward.

Conclusions: According to the Malikis, payment is required under certain conditions. If these conditions are met, payment is required, and if they are not met, then payment is not considered and is not binding according to the Malikis.