What is the difference between someone who does not intend the reality of divorce and someone who does not have the intention of bringing about divorce in the event of a suspended divorce using allusive phrases? And does doubt regarding the intention to bring it about, or the husband's unwillingness for the divorce to occur upon breach, indicate the absence of intention? And does divorce occur in this case?
Divorce by
(kinayah)
, whether immediate or conditional, does not occur unless there is an intention to effectuate it. Merely intending the utterance to mean divorce is not sufficient. Thus, if the husband did not intend for divorce to occur by
(kinayah)
, or if he doubted his intention, then it does not take effect.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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