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?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
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.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/68356
Where this answer came from
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- 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.
- Read the full ruling
- Read the full answer on Ftawy