Fatwa ID: 04097

Answered by: Maulana Mubarak Patel

Question:

My husband said, "I don't have anyone at this point". Does this mean he's giving me a kinaya divorce?

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

Answer:

Divorce is of two types. Firstly, when divorce is given in clear wordings such as ‘I divorce you’. Secondly, when the words used are unclear, such as ‘leave me’. When the words are unclear, the ruling will be based upon his intention. If his intention was to give talaq to you then it will count as one revocable divorce. If there was no intention of divorce, then the divorce will not occur.

References:

Fatawa Hindiyya, Page 370, Vol 1

Fatawa Shami, Page 283, Vol 3, HMS

Fatawa Darul Uloom Zakariyya, Page 138-9, Vol 3, ZamZam Publishers

Only Allah knows best

Written by Maulana Mubarak Patel

Checked and approved by Mufti Mohammed Tosir Miah

DarulIfta Birmingham