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The question

Can a husband appeal a final major divorce ruling issued for his wife, based on his intention to discipline her when he informed her that she was "in her waiting period from today," even though the court considered it a third divorce?

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Source: FtawySummary from Ftawy's records · added here Sep 2, 20261 min readAlso available in العربية
The answer

What was issued by the questioner is a metaphor for divorce (kinayah). Divorce occurs with it if there is intent, even if the intention was to discipline. Scholars have differed regarding explicit metaphors (kinayah zahirah) and what results from them. It appears that the judge who ruled that what was issued was a divorce (talaqah) was of the opinion that an explicit metaphor does not require intent, and that the circumstantial evidence indicates that it was a divorce. The judge's ruling is binding and resolves the dispute.

Summary from Ftawy's records · added here

Reviewed by El Fatwa's sharia committee.

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Where this answer came from
Source platform
Ftawy
Original fatwa ID
68356
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.
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Read the full answer on Ftawy