Fatwa ID: 06827

Answered by: Alimah Sherbhanu Jadwat

Question:

Is the following statement a kinaya statement? The wife is rude and the husband says to the wife, Enough is Enough?

In the name of Allah, the Most Gracious, the Most Merciful

Answer:

The above-mentioned words which were said during an argument are in fact ‘ kinaayah’ words, ie. they are ambiguous words which could either mean ‘divorce’ or not.

If the husband did not have a firm resolve of talaq by the above-mentioned kinaayah words, then the statement would not constitute talaq.

A kinaayah statement will only constitute talaq if the husband intended ‘talaaq’ with the statement.

References:

الكناية  لا تطلق بها قضاء الا بنية أو دلالة الحال و هو حالة مذاكرة الطلاق أو الغضب..

ص٢٩٧        ج٣

ردالمحتار

كراتشي

Only Allah (عز و جل) knows best.

Written by  Alimah Sherbhanu Jadwat

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham