Chapter on the Rulings of ʿIlāʾ

The term ʿilāʾ denotes an oath; it is the verbal noun of alā–yuʾliʾu (to swear), and al-ʾalyah means “an oath.” One says, “Ālā from his wife an ʿilāʾ” when he swears that he will not have marital relations with her.

For this reason the jurists define ʿilāʾ as follows: a husband who is able to have intercourse swears by Allah or by one of His attributes that he will refrain from vaginal intercourse with his wife forever or for a period exceeding four months.

From this definition it becomes clear that ʿilāʾ is realized only when five conditions are met:

1. The oath is taken by a husband who is physically capable of intercourse.
2. He swears by Allah or by one of His attributes—not by divorce, manumission, or a vow.
3. The oath concerns abstaining from vaginal intercourse.
4. He specifies a duration of abstention that exceeds four months.
5. The wife must be someone with whom intercourse is legally and physically possible.

When these conditions are in place, he is deemed a muʾli (one who has performed ʿilāʾ), and the rulings of ʿilāʾ apply to him. If even one condition is missing, the act does not constitute ʿilāʾ.