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Would calling ones wife an animal entail a talaq?

Answered as per Hanafi Fiqh by DarulIftaBirmingham

Answered by:  Ustadha Siddiqa al-Farsiyyah​

Question:

Assalamu Alaikum Wa Rahmatullah

Is the word “animal” uttered with no words uttered before or after it, with or without the intention of divorce a kinaya word?



بِسْمِ اللهِ الرَّحْمنِ الرَّحِيْم

Assalamu Alaikum Wa Rahmatullah

The rukn (main integral) of divorce is that a specific term be used, whether the term is arīh (explicit) or kināyah (allusive). [1] The word ‘animal’ cannot be classified as an explicit word since it contains neither the word talāq nor a derivative of it. Similarly, it cannot be classified as an allusive word since it does not allude to divorce. There is no connection between divorce and this word, nor is it an allusive command towards the wife on the husband’s behalf. It simply can be classified as an insult.

[1] Raddul Muhtār 3/230, Dārul Fikr Beirūt

Only Allah knows best.

Written by Ustadha Siddiqa al-Farsiyyah

Checked and approved Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

This answer was collected from DarulIftaBirmingham.co.uk, which is run under the supervision of Mufti Mohammed Tosir Miah from the United Kingdom.

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