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Talaaq-e-Kinaayah

Answered according to Hanafi Fiqh by Mahmoodiyah

Question:

If the husband did not make Intention of Talaaq when saying if you go to your parents house our marriage is over then will Talaaq take place?


Answer:

 

According to the South African ‘Urf, “Our marriage is over” is Kinaayah for Talaaq; therefore if the husband did not intend Talaaq, then it will not be effective.  However, if he did intend Talaaq then it will be according to the first answer sent to you.

And Allah Ta’ala knows best

Ilyaas bin Hashim Limbada

Attested to as correct by:

Mufti Muhammad Ashraf

Darul Iftaa

Jameah Mahmoodiyah

Springs

01 April 2004

10 Safar 1425

This answer was collected in 2012 from the website of Jameah Mahmoodiyah, South Africa. The original website no longer exists.

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