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