245. In the legal terminology of Islam this is known as ila'. It is obvious
that harmony and cordiality do not always prevail in matrimonial life. There
are occasions when strains and tensions develop, leading to discord and estrangement.
But the Law of God does not approve of that discord which causes a husband and
wife, who are legally tied to one another in matrimony, to remain for all practical
purposes alienated from one another as if they had ceased to be spouses. For
this kind of abnormal discord and estrangement God has fixed a limit of four
months during which the spouses are required either to settle their difference,
or to break the tie of wedlock so that each becomes free to contract marriage
with someone with whom a harmonious matrimonial relationship appears more likely.
Since the verse mentions 'taking a vow', the Hanafi and Shafi'i jurists consider
the injunction to be applicable only when a husband has taken a vow not to have
sexual relations with his wife. According to them, the injunction does not apply
if the husband merely forsakes sexual relations with his wife without taking
any vow to that effect. The Maliki jurists are, however, of the opinion that
irrespective of whether a person has taken a vow, the maximum permissible limit
for abstaining from sexual relations in wedlock is four months. A statement
to that effect is also attributed to Ahmad b. Hanbal. (See Ibn Rushd, Bidayat
al-Mujtahid, vol. 2, pp. 98 ff. - Ed.)
According to 'Ali, Ibn Abbas and Hasan al-Basri, this injunction is related
to the cessation of sexual relations as a result of unpleasantness in the relationship
of the spouses. It would not apply, however, if a husband were to decide to
abandon sexual relations with his wife out of some beneficial consideration
- say because the wife is breastfeeding - at a time when their relationship
was pleasant. According to other jurists, however, any vow which prevents sexual
intercourse between a husband and wife is ila', and ought not to last longer
than four months irrespective of the state of the matrimonial relationship when
it was taken. (See Jassas, Ahkam al-Qur'an, vol. 1, pp. 355 ff - Ed.)