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would calling ones wife an animal entail a talaq?

Answered according to Hanafi Fiqh by DarulIftaBirmingham


Answered by:  Ustadha Sabrina Saidova​


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 Sabrina Saidova


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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