Kinaayah Words

Kinaayah Words

In the name of Allah, the most Beneficent, the most Merciful.

Answer

The aforementioned statement will not constitute a divorce.  The aforementioned statement is ambiguous and falls under the category of Kinaayah.  Although an intention is necessary for kinaayah, the prevailing circumstances and context also holds importance.

The author of Bahrur Raaiq states the following in explaining prevailing circumstances (Dalaate-Haal), “Talaq is not effected by it (kinaayah words), except in the presence of intention or Dalaate-Haal”.  (p.298 v.3)

With regards to your correspondence, statements such as ‘You are free to do what you want, free as a bird…’, ‘I can’t handle the pressure anymore’ and ‘Just go…leave me alone’ will constitute a divorce if the husband intended it otherwise, divorce will not occur.  (See Raddul Muhtar p.528-534 v.4, Fatawa Hindiyyah p.375 v.1 & Badaaius Sanaai p.232 v.4)

However, if your husband said ‘Your free’ and both you and your husband are 100% certain he said it, then one Talaq Raji will occur.  As he has already given you two divorces, this Talaq will sever the marriage forever.  (Raddul Muhtar p.530 v.4)

Only Allah Knows Best

Mohammed Tosir Miah

Darul Ifta Birmingham