Fatwa ID: 06782

Answered by: Maulana Burhaan Rahman

Question:

If the husband is talking to the wife and the wife says can you spend some time talking to me and the husband says angrily ” Why do you want to see my face (mera shakil kyou Dekna hai) can this be kinayah”.

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

Answer:

It mentions in Rad Al Muhtar:

كنايته ما لم يوضع له (أي الطلاق) ف (الكنايات) لا تطلق بها (إلا بنية أو دلالة بالحال)

يحتمل ردا( فنحو اخرجي واذهبي وقومي )

With regards to divorce, ‘Kinayah’ refers to the use of phrases that are not specifically prescribed for the purpose of issuing a divorce, but allude to it. Kinayah words have no bearing on divorce unless one plans to divorce using them or if the situation requires it. If someone says, “leave”, “go”, “get out” etc. it won’t be Kinayah. [Rad Al Muhtar vol 3 page 297]

In response to your question, no Talaq Kinayah has been issued because his purpose was not to give a Talaq, but rather to a statement of reaction.

We should always be very serious when it comes to divorce and not assume such details to be an indication of divorce.

Our beloved prophet (SAW) has mentioned:

ثلاث جدهن جد وهزلهن جد: النكاح والطلاق والرجعة

“Three are serious when they are serious, and serious when they are in jest (joke): Marriage, divorce, and return.” [Abu Dawud Hadeeth number: 2194/ Tirmidhi Hadeeth no: 1184]

Now maybe with regard to his acts, both the husband and the wife should strive to reconcile and settle the matter and come to a solution as to why things like this happen and how to prevent this from happening in the future.

Only Allah knows best.

Written by Maulana Burhaan Rahman

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham