Does divorce occur by uttering its allusions with the intention of divorce, but without intending to effect it immediately and at the same time, especially if the speaker is ignorant of the allusions of divorce and refrains from explicit utterance?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
Divorce by implicit utterance (talāq al-kināyah) does not occur unless there is an intention to effect it. Merely intending the utterance to mean divorce is not sufficient. Therefore, by saying "I am separate from you" (anā minka bā'in), divorce does not occur unless there is an intention for the original divorce and its effect. The same applies to every implicit utterance, meaning every word whose apparent meaning could be other than divorce, for it requires the intention of effecting divorce with it. One must be wary of obsessive doubt (waswasah) regarding matters of divorce.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 189915
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy