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Kinayah Words of Divorce

Answered as per Hanafi Fiqh by Askmufti.co.za

Q: I have recently learned that certain phrases uttered constitute talaaq (divorce) in Islam. I want to clarify one such utterance i made during the early years of my marriage. I once had an argument with my wife over her wanting to visit her uncle. I did not want her to go and I said something like “well if you go then don’t come back.” I am not sure if these are the exact words I used as this was over 10 years ago. After this I left the house and I do not know if my wife went or not. Does this statement constitute divorce in Islam?

A: Such words are called ‘Kinaayah’ and will only constitute Talaaq if there was an intention of Talaaq when saying those words.

You had no intention of Talaaq when saying the words, so divorce did not take place.

Moulana Yusuf Laher

This answer was collected from AskMufti.co.za, which is operated under the supervision of Mufti Siraj Desai of Darul-Uloom Abubakr, South Africa.

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