RULINGS ON *ĪLĀ’* AND *ẒIHĀR* IN ISLAMIC JURISPRUDENCE: A STUDY OF TERMINOLOGY, TIMEFRAMES, CONTEMPORARY APPLICATIONS, AND THE POSITION OF THE LIBYAN LEGISLATOR
DOI:
https://doi.org/10.63318/Keywords:
Divorce, *Ila’*, *Zihar*, Oath, WordingAbstract
This research examines the concepts of divorce via *Ila’* (a husband’s vow to abstain from sexual relations with his wife) and *Zihar* (a husband likening his wife to the back of a prohibited female relative, such as his mother). It explores the legal rulings and evidentiary bases for both practices found in the Quran and Sunnah, clarifies the specific wording required for each, and details the duration of *Ila’* and the expiation (*kaffarah*) for *Zihar*. The study highlights the necessary conditions for the validity of *Ila’* and *Zihar* regarding both husband and wife, clarifies their respective rights, and emphasizes justice to prevent any injustice against the woman. Furthermore, the research outlines the relevant Sharia rulings, determines whether divorce resulting from *Ila’* is revocable or irrevocable, applies these concepts to contemporary realities, and examines the position of the Libyan legislator and relevant laws enacted regarding these practices. A key reason for selecting this topic is its relevance to family protection and stability, as well as its connection to modern family life. The study employs a descriptive-analytical methodology, examining rulings across the schools of jurisprudence and citing texts from the Quran and Sunnah..
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