Whether saying ‘Cracked it’ to my wife with intention would count as Kinaya

Fatwa ID: 03092

Answered by:  Maulana Muqtaur Rahman​

Question:

I'd like to ask whether saying 'Cracked it' to my wife with intention would count as kinaya?

This is causing me great worry and I would really appreciate your guidance

 

Answer:

In The Name Of Allah, The Most-Merciful, The Most Kind

 

There are two types of talaq

  1. Sareeh: This is when the husband clearly issues his wife a talaq and there is no possibility of the statement having an alternative meaning. A revocable divorce will take place.

For example, the husband says to the wife ‘you are divorced’ or ‘I issue you a talaq’ etc.

In this category, the intention of the husband will not be taken into consideration.[1]

  1. Kinayah: This is when the husband uses unclear phrases or words accompanied by the intention of talaq are used to issue a talaq to the wife. A divorce absolute will occur as a result of this.

When the talaq is implicit and not clear, the intention of the husband will be taken into consideration.[2]

In regards to your question, the mere utterance of the phrase 'Cracked it' will not cause a talaq to take effect unless you had the intention of divorce.

 

Only Allah knows best

Written by Maulana Muqtaur Rahman

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

 


[1]Al-Badai’ As-Sanai, Volume 4, Page 222, Darul Kutubul Ilmiyya

[2]Al-Lubab Fi Sharh Al-Kitab, Page 443-444, Al-Maktabatul Umariyyah

 

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