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The question

Is a man's statement to his wife, with whom he has concluded a marriage contract, "I do not want you to complete my life with me," considered a kinayah (allusive) divorce, and is there a way for him to take her back? And is it permissible, if there is a desire to conclude a new marriage contract, to bypass the wife's father due to his obstinacy and travel, and instead approach her mature and sane brother to conclude the marriage contract?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

The husband's statement to his wife, "I do not want you to complete my life with me," is a كناية (allusion/indirect statement) and does not constitute a divorce unless he intended it. If the husband did not intend divorce by it, then it does not occur. If the husband divorces his wife before consummation or valid seclusion, she becomes irrevocably separated from him, and he cannot take her back except with a new marriage contract. If her father refuses to arrange the marriage contract without a valid reason, he is considered to be preventing her marriage, and it is permissible for another guardian to arrange her marriage.

Summarized from the full answer at Ftawy · imported

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Ftawy
Original fatwa ID
152847
Imported
Translation status
Source text, unreviewed
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