What takes the place of intention in the allusive divorce?
Ibn Qudamah's intention regarding the circumstantial evidence (qarinah) that takes the place of intention () in a divorce by veiled expression (kinayah) refers to anger, contention, or the wife's request for divorce. If the husband utters a veiled expression of divorce under these circumstances, the judiciary rules that the divorce has occurred, even if the husband claims he did not intend it. However, between him and Allah, it does not occur if he is truthful in his claim of not intending it. Al-Buhuti mentioned that divorce by veiled expression does not occur except with an intention accompanying the utterance, except in situations of contention, anger, or in response to the wife's question. In these cases, divorce occurs due to the circumstantial evidence, and the husband's claim of not intending it or intending something other than divorce is not accepted judicially, whereas he is condemned between him and Allah.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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