What is the difference between an explicit conditional divorce (talaq mu'allaq sareeh) and an allusive conditional divorce (talaq kinayah mu'allaq)? And what are examples of each?
An explicit divorce ( sareeh) does not require intention to take effect. If a man says to his wife: "You are divorced (anti taliq)," the divorce takes effect without dispute. An example of an explicit, contingent divorce is if he says: "If you enter the house, then you are divorced." If she enters, the divorce takes effect according to the majority of scholars.
As for an implicit divorce (talaq kinayah), it does not take effect except with intention. This refers to any phrase that could mean separation or something else. An example of an implicit, contingent divorce is if he says: "If you go to the market, then you are no longer under my marital responsibility (lasti 'ala dhimati)." If she goes, and the husband intended divorce, it takes effect; otherwise, it does not.
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- Original fatwa ID
- 140471
- Imported
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