Respite (muhla) granted to a debtor, surety, rebels or a claimant

المُهْلَة

Muhla in the lexicon is calm and gentleness; in law it is the grant of time to one who owes a right, or to one who claims it, to pay, to produce a witness, or to appear. Its rules cover the surety who must produce the principal, the husband after the period of ila', the shafi' who must bring the price, the slave under a writing of freedom who cannot pay the instalment, rebels who ask for time, and the parties to a suit. The jurists also defer a stoning or retaliation until a pregnant woman has given birth, or until a sick man is healed.

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Summary

Muhla is respite: time given to a debtor, a claimant or a party to a suit. It is distinct from the term (ajal), which fixes a time to come, and from duration (mudda), which is wider. 1

A surety

All agree the judge may give a surety time to produce an absent principal when the creditor asks, for the time it takes to go and return. The majority require the absence to be in a known place; the Hanafis and Shafi'is add safety of the road. 1 2

A husband after the period of ila'

The Malikis hold that a man who swears to abstain from his wife for a while is not an ila' man. The Shafi'is give four months, and afterwards only enough time to prepare; the Hanbalis order divorce or imprisonment. 2 3

A shafi' and a freed slave

A shafi' who lacks the price is given three days by the Malikis and Shafi'is, and a day or two by the Hanafis. A slave under a writing of freedom who cannot pay the instalment is given two or three days by the Hanafis, and time by the Shafi'is and Hanbalis. 4

Rebels and stoning

All jurists agree that the imam must grant rebels time when there is hope they will return to justice. A pregnant woman sentenced to stoning or retaliation is given time until she gives birth, and a sick man until he recovers. 4 5

In a suit

A claimant who asks time to produce proof is given three days by the Hanafis and Shafi'is; the Malikis leave the time to the judge; the Hanbalis do not detain the defendant. A defendant who asks time to bring proof or check his accounts is granted it by most jurists. 5 6

Sources

  1. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.15179
  2. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.15180
  3. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.15181
  4. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.15182
  5. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.15183
  6. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.15184
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islam.museum contributors. “Respite (muhla) granted to a debtor, surety, rebels or a claimant”. islam.museum, https://islam.museum/en/concept/muhla/. CC BY-SA 4.0. Last updated 2026-10-23.

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