Does the husband's saying to his wife: "By Allah, if one of your non-mahram men sees you: [he didn't let me finish, and you know what I mean]" constitute an allusive divorce (kinayah) or a conditional divorce, and what is the ruling on the occurrence of divorce if a non-mahram man sees her after her husband told her that he intended divorce by that statement?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
The husband's statement, "Don't make me complete," means completing the phrase upon which divorce would be contingent. This does not result in anything because he did not utter the answer to the oath. Alish stated in his fatwas: "Divorce did not occur, and nothing is binding upon him, as our Imam Malik answered concerning one who intended to make a triple divorce contingent upon something, saying: 'Triple divorce be upon me,' and then remained silent."
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 136292
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- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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