Does Divorce Happen Through Allusive Expressions That May Be Interpreted As Divorce?

Does divorce happen through allusive expressions that may be interpreted as divorce?

According to Islam, there are two kinds of expressions that are used for divorce. One of them involves such expressions as “I divorced you,” “You have been divorced,” or “Be divorced” that are impossible to mean anything else than a divorce. These are categorized as “sarih (explicit)” expressions. The other kind involves such expressions that may or may not be interpreted as divorce. These are called as kinayah (allusive) expressions.

Such expressions as “Go back to your father’s home,” “Go away,” “You are not my wife anymore,” “I am not your husband anymore” are among the allusive expressions that are used for a divorce. For these expressions to take effect, the husband must have uttered these expressions with the purpose of getting divorced. If the purpose lying behind these expressions is to get divorced, a bain talaq (a kind of divorce that does not vest the husband with the right to continue such marriage unilaterally and requires a new marriage contract) occurs (Marghinani, al-Hidayah, III, 166). On the other hand, according to Shafiʽis, divorces realized with such allusive words are considered rij’i (that gives husband the right to continue marriage unilaterally) (Shirbini, Mughni al-Muhtaj, III, 439).

 

Source: Presidency Of Religious Affairs The Turkey, High Board of Religious Affairs FATWA