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Is it permissible to act upon the Maliki madhhab of Imam al-Shafi'i, which stipulates intention for the occurrence of allusive divorce (طلاق الكناية), after having acted upon the madhhab of Imam Abu Hanifa, which holds that it occurs with the presence of an indication (قرينة), assuming that the latter is the relied-upon opinion?

1 min readAlso available in العربية

A divorce by way of a veiled expression (kinayah) does not take effect without intention, even if there is a قرينة (presumptive evidence) such as anger. Veiled expressions do not effect a divorce legally (qada'an) except with intention or an indication from the context (dalalat hal). Nor does it take effect religiously (diyana) without intention. If, when using a veiled expression during anger or when asked for a divorce, he intended something other than divorce, then the divorce does not take effect. As long as you did not intend divorce with the veiled expressions, it does not take effect.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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