Fatwa ID: 06773

Answered by: Maulana Abdul Malik

Question:

I have the OCD or a problem for the last few years and in bad situations I always have bad thoughts about Nikah wudu praying even in walking My question is about Kinayah I had some anger with my wife last night and I hit myself and said nothing after I left the room for some minutes and come back to the room and she was waiting for me so I say in anger without intention in ( why did you stand here) and I did not complete the sentence. My meaning and intention from these words was to say that she wanted to hurt me more. Does this mean kinayah or kinayah if valid from an OCD or Waswais person? After that, I said sorry to her and promised not to hurt myself more. I was always hitting myself in this kind of situation but not saying anything. Do those words need Intention?

So please answer me in light of Hanafi fiqh. 

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

Answer:

Words which cause divorce (Talaq) to come into effect are of two types;

1, Sareeh (clear): This is when a husband clearly issues his wife a divorce (talaq) using clear words such as; “I divorce you” or “you are divorced” etc…

Using plain words will cause one divorce to come into effect and no consideration will be given to intention. (Al lubaab fi sharh al Kitab, pg 100, vol 4)[1]

2, Kinayah (ambiguous): This is when the husband uses unclear phrases or words that are not exclusively prescribed for issuing divorce but allude and hint at it. Kinayah words do not affect divorce unless one intends divorce by them or it is determined by the circumstance one is in. (Al lubaab fi sharh al Kitab, pg 103, vol 4)[2]

Kinayah words are those which allude to or hint at divorce. These words are dependent on the intention for divorce to be effected or not.

Now to answer your question, Saying the words “Why did you stand here” to your wife are not words which hint at divorce.

Secondly, no intention was present when such words were uttered. Therefore, these words will have no effect on your marriage and no intention should be paid to them

[1] (والطلاق على ضربين: صريح و كناية، فاالصريح): ما لم يستعمل فيه، وهو (قوله: أنت طالق، و مطلقة): بتشديداللام، (وقد طلقتك) (يقع به الطلاق الرجعي). (و لا يفتقر إلى النية)

[2] (و الضرب الثاني: الكنايات) وهي : ما لم يوضع له، واحتمله وغيره (ولا يقع بها الطلاق إلا بنية، أو بدلالة حال)

Only Allah Knows the Best

Written by Maulana Abdul Malik

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham