Fatwa ID: 05254

Answered by: Alimah Fatima Begum

Question

In a heated quarrel, the wife said that I need Talaq and the husband in return said that I will never touch you. The wife said that it will be a dream for you to touch me. Does it come in the category of Tala Kinayah? Is it possible for them to come back to their husband-wife relationship?

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

Answer

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

The kinaya words result in a  talaq bain when one intends divorce by them. (Hidayah, v.2, p.374, Raddul Muhtaar, v.2, p.507)

In this situation, it would be a Talaq Kinaya constituting a Talaq Baain if in the husband’s statement there was an intention of divorce. In such a case, the nikah is broken immediately and can only be restored by renewing the nikah. This can be done either during or after the iddah period.

If in his statement there was no intention of divorce then the nikah remains valid.

Only Allah knows best.

Written by Alimah Fatima Begum 

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham