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Thinking of Talaq

Answered by: Maulana Nazrul Islam

Question:

Just wanted to ask during a fight with my wife if I said ‘i have been thinking and I have got something in my heart’ does this count as kinaya word.

I think my intention was I don’t know/think we should be together but I did not say this I just said I have been thinking and have got something in my heart.

In the name of Allah, the Most Gracious, the Most Merciful

Answer:

Kinayah means using words that are not exclusively prescribed for issuing divorce, but hints towards it.

A divorce doesn’t take place unless it is intended for, or by an indication according to the situation such as the discussion divorce etc. (1)

Only Allah knows best.

 Written by Maulana Nazrul Islam

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

(1)باب الكنايات]

(كنايته) عند الفقهاء (ما لم يوضع له) أي الطلاق (واحتمله) وغيره (ف) – الكنايات (لا تطلق بها)

قضاء (إلا بنية أو دلالة الحال) وهي حالة مذاكرة الطلاق أو الغضب، فالحالات ثلاث: رضا وغضب ومذاكرة،

الدر المختار ص ٢١٤

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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