Divorce iLaa Thihar

Divorce For iLaa and Thihar

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Ilaa: is that the husband swears never to have a sexual relation with his wife, or for a period exceeds four months, and the husband, during this period, can drop Ilaa by paying an expiation and returning to his wife, and if he does not do this the wife can request divorce after expiry of the four months, as Article 132 states that

The wife can request divorce if her husband swears not to have a sexual relation with her for four months or more unless he returns before expiry of the four months, and the divorce becomes irrevocable.

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Divorce iLaa Thihar

While Thihar is that the husband considers his wife as his mother or his daughter, and the wife can request divorce for Thihar as well, as per Article 133

The wife can request divorce for Thihar

Ilaa and Thihar are two types of divorce in the period before Islam. If the husband does not love his wife and does not want her to get married to another man, he swears not to have a sexual relation with her, and this is called Ilaa, or to consider her as prohibited, and this is called Thihar, and this is for harming her and leaves her hanging, neither a wife nor a divorcee.

Islam determines the period with four months and prevents more time to avoid harm and injustice.

Law determines how the court can deal with Thihar, and states upon the following in Article 134

The judge notifies the husband with paying the expiation against Thihar during four months from date of swearing, and if he refuses without an excuse, the judge can rule with an irrevocable divorce.

And Article 135 as well,

The judge, during hearing the divorce case, can rule with what he considers necessary as temporary procedures to guarantee alimony of the wife and children and procedures related to their guardianship and visit upon request of each of them.

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