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?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
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.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/178708
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 178708
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy