Is it true that divorce by allusion (kinayat al-talaq) takes effect with intention, except in cases of anger, dispute, and the wife's request for divorce, where divorce takes effect without intention?

According to the Hanbalis, a divorce by allusion accompanied by an indication, such as a dispute or a request for divorce, does not require an intention (niyyah) for the divorce to take effect. It constitutes a divorce judicially (qaḍāʾan) but not religiously (diyānatan). This means it takes effect if the matter is brought before a Sharia judge. However, the spouses remain married in their relationship with each other and with Allah if the matter is not brought before a judge.

As for the Hanafis, they stipulate the intention (niyyah) for a divorce by allusion to take effect, except for certain phrases like "I don't want you" or "Go travel to your family." In these cases, divorce does not occur even with intention or an indication, according to them.

If the husband intended divorce, then the divorce takes effect, and he may take back his wife before the expiry of her iddah (waiting period) if this is not the third divorce. However, if the total number of divorces is three or more, a major irrevocable divorce (baynūnah kubrā) occurs.

Divorce takes effect on the wife if she is under marriage (fī al-ʿiṣmah) or within the iddah of a revocable divorce. It is recommended to ask the husband about his intention if he is ignorant of the rulings of divorce.