What Was Eela Or Ila In Pre-Islamic Arabia And How Did Islam Abolish Oppression Inflicted On Women By Their Husbands Staying Away From Sex For An Extended Period?
By Ghulam Ghaus Siddiqi, New Age Islam
17 August 2021
The Pre-Islamic Form of Eela, Oppression over Women,
Abolished by Islam
Main Points
1.
Men in Pre-Islamic
Arabs intended by Eela to harm their women
2.
Women in Pre-Islamic
Arabs had to bear two-fold problems After Eela
3.
They could neither
take conjugal benefits nor marry any other man after Eela
4.
Islam abolished this
tyranny and prescribed a maximum time of four months for Eela
....
One of the pre-Islamic practices in the form of oppression
of women was that they were intentionally persecuted by their husbands through
the practice of the Eela. Once a husband, in those days, uttered the words of
Eela, his wife had to bear two-fold persecution; she was given neither the
sexual benefits of marriage nor freedom to marry another. The men intended by
that to oppress their wives. Islam took a balanced approach and repealed what
was the part of persecution in this Eela practice by setting a maximum time of
four months for that. Allah Almighty says in the Quran:
“For those who swear not to have sexual relations with their
wives is a waiting time of four months, but if they return [to normal
relations] - then indeed, Allah is Forgiving and Merciful.”
This verse addresses the pre-Islamic oath of a man that he
would stay away from his wife and deny her sexual benefits of marriage, without
divorcing her or giving her freedom to marry another. In Arabic, this kind of
oath is known as Eela or Ila. The Eela practice in the days of Jahiliya could
be for one, two, or even more years.
In the pre-Islamic era, it was the custom of the people to
ask their wives for money and if they refused to give it, they would swear not
to approach them for one, two, three or more years, leaving them in trouble.
The women were then neither widows so as to find out any other living place,
nor the ones to take conjugal benefits from their husbands. Islam abolished
this tyranny and prescribed a period of four months for such people,
stipulating that if they made an oath for not having intercourse with them
[which is known as Eela] for four months or more than that or even for
indefinite periods, then they have a waiting period of four months. During this
time, they ought to think carefully about whether it is better to leave or keep
their women. If he thinks it is better to keep her and returns [Ruju’]
to her [or resume conjugal relations] within this period, then the marriage
will remain valid and only the expiation [Kaffaara] of the oath will
have to be paid. And if he does not return to his wife [Ruju’] within
that period and does not break his oath, then the marriage will come to an end,
and one Talaq-e-Baain will automatically take place [Talaq-e-Bain is a
divorce pronounced in unclear words, after which new marriage within or outside
Iddah period is required for the husband to take his wife back].
After pronouncing the words of Eela, If a man is capable of
doing intercourse within the four months, then the Ruju [the process of taking
wife back] will be termed valid only by way of intercourse, and if he is not
capable of it due to any reason, sickness or otherwise, then the promise of
intercourse will be termed ruju.
If a person swears not to have intercourse with his wife, if
it is for a period of less than four months, this will be treated like any
other oath, and if he breaks it, he must offer expiation, but if he fulfils
this term, he will not have to do anything.
However, if it is an oath of permanent abstention, or for a
term longer than four months, a limit of four months from the moment of the
oath must be imposed on him if his wife demands that because that is her right.
Within the period of four months, he should be instructed to go back to normal
intimate relations; if he does so, then he is not required to do anything apart
from offering expiation for his oath. However, if he refuses to break his oath
within the four months, then one Talaq-e-Bain will take place and the marriage
will be declared dissolved. This means that if he wants to return to his wife
after the four months since he uttered the words of Eela, he will have to renew
his marriage with her within or outside the Iddah period.
----
A regular Columnist with NewAgeIslam.com, Ghulam Ghaus
Siddiqi Dehlvi is an Alim and Fazil (Classical Islamic scholar) with a Sufi
background and English-Arabic-Urdu Translator.
URL: https://www.newageislam.com/islamic-q-a/eela-ila-oppression-pre-islamic/d/125227