Does divorce by kinayah take effect if the husband had no intention, even if the wife requested it and was not serious in her request?

The majority of scholars hold that a metonymic divorce (kinayah) does not effect a divorce unless accompanied by intention, unlike an explicit divorce (sarih) which effects a divorce without intention.

The Hanbalis are of the view that kinayah does not effect a divorce except with intention. However, it does effect a divorce in situations of dispute, anger, or when the wife asks for it, even if the husband did not intend it, considering these situations as circumstantial evidence of the intent to divorce.

The Malikis divide kinayah into overt (zahira) and subtle (khafiyyah). Overt kinayah effects a divorce and cannot be diverted from it unless the husband intended something other than divorce, while subtle kinayah does not constitute a divorce except with intention.