Fatwa ID: 05272
Answered by: Alimah Fatima Begum
I had a few questions regarding divorce.
If a person has a heated argument with the wife then the Majlis changes, example he prays salah or goes out, etc. and then uses Kenaya words with no intention whatsoever of divorce example “Go to your parents’ house”, “Get out of my house” etc just to show how upset he is, will divorce occur?
If during the demand of divorce from wife husband doesn’t reply immediately but after the Majlis, the changes the husband uses Kenaya words without the intention of divorce such as “Go spend you Iddah” has divorce taken place?
I read somewhere that if a husband does give Divorce using Kenaya words then the Islamic court or Mufti sahib decided it was a divorce, divorce had taken place according to apparent observation, but the husband is adamant and is 100% certain that he did not intend divorce than religiously this Nikah has not broken in the sight of Allah and they can continue to live together?
In the name of Allah, the Most Gracious, the Most Merciful
In all three of the scenarios you have cited, the question is one, do Kinayah words without the intention of talaq amount to divorce?
Kinayah means using words that are not exclusively prescribed for issuing divorce, but alludes and hints to it. Kinayah words do not affect divorce unless one intends divorce by them or it is determined by the circumstances.
(Hidayah, v.2, P373, Raddul Muhtaar, v.2, p.501 & Fatawa Hindiyah, v.1, p.374)
The kinayah words result in a talaaq bain occuring when one intends divorce by them. (Hidayah, v.2, p.374 & Raddul Muhtaar, v.2, p.507)
So in all the cases mentioned, talaq will not occur and the nikah still remains valid.
Only Allah knows best.
Written by Alimah Fatima Begum
Checked and approved by Mufti Mohammed Tosir Miah
Darul Ifta Birmingham