Kinayah Talaq

CategoriesDivorce [623]

Fatwa ID: 02429

Answered by: Moulana Muhammad Imad Ali


I’m from Lahore Pakistan, sunni, married woman,
in one and a half year of our marriage, my husband has given me divorce twice,
last night in a heated argument when my husband claimed that he could do another nikaah, and that he has been sleeping with two girls at the same time etc, I got angry with him, he then asked me to leave his house, I said u divorce me first, things are now faded from my mind, but then he said "you are given" then immediately he backed out saying " I was not talking about divorce, I didn’t use the word divorce" next day he added that since you were asking for permission to leave the house so I replied you are given.
Please guide, I have no one to count upon, I’m from a broken family, and my husband’s house is the only refuge for me.


بسم الله الرحمن الرحيم

First of all I’m truly sorry to learn regarding your family and your relationship with your husband and I pray that Allah subḥānahu wa ta'āla (glorified and exalted be He) makes your tasks easy for you and rewards you with his infinite mercy.

It should be borne in mind that adultery (zina) is one of the major sins in Islam. In the Holy Quran Allah subḥānahu wa ta'āla (glorified and exalted be He) has said:

“And do not go near to zina. It is shamelessness and is an evil way.”

(Surah: Bani Israeel v: 32)

Such a person will not only suffer punishment and calamity in this world, but also in the hereafter. Worst of all he/she invites the wrath of Allah upon himself.

Those Ahadeeth which condemn adultery and fornication are as follows:

“The Prophet of Allah ṣallallāhu 'alayhi wa sallam (peace and blessings of Allāh be upon him) said, there is no sin which is more severe in the eyes of Allah subḥānahu wa ta'āla (glorified and exalted be He) after committing shirk than a person planting his semen into a womb, which is unlawful.” (Kanzul Ummal)

The Prophet of Allah ṣallallāhu 'alayhi wa sallam (peace and blessings of Allāh be upon him) said, “Allah’s anger becomes intense upon the fornicators.” (Kanzul Ummal)

There are two types of words which affect a divorce.

1) Clear and plain words (sareeh)

2) Ambiguous and allusive words (kinaya)

Sareeh means expressly pronouncing the word divorce or words derived from it, such as: “I divorce you” or “you are divorced” etc. Clear and plain words affect divorce whether one intends divorce by them or not. (Hidayah, p 359 v 2, Raddul Muhtaar, p 465 v 2  Fatawa Hindiyah, p 354 v 1)

Kinaya means using words that are not exclusively prescribed for issuing divorce, but alludes and hints to it. Kinaya words do not affect divorce unless one intends divorce by them or it is determined by the circumstance one is in.

(Hidayah p: 373, v: 2, Raddul Muhtaar p: 501, v: 2, Fatawa Hindiyah p: 374, v: 1)

The kinaya words affect talaaq bain when one intends divorce by them. (Hidayah, V2, P374, Raddul Muhtaar, V2, P507)

Regarding your question no Talaq has occurred because his intention was to not issue a Talaq rather it was for permission for you to leave the house. Now about his actions you should try to reconcile with him by putting down strict conditions otherwise he may do it again, also I suggest you involve elders and most importantly do Istikhaarah.

Only Allah knows best.

Written by Moulana Muhammad Imad Ali

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

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