Talaaq Kinayah

[seekerr]

Assalam u alaikum everyone, i'm a little confused about the concept of Talaaq e Kinayah, I want to know are all Talaaq e Kinayah (talaq in unclear words) considered as Talaaq-e-Bain, where the couple have to perform new nikah?
if talaaq-e-kinayah take place where the husband had no intention of giving talaaq but the subject matter was that of talaaq and the words he used could and could not have been used for giving talaaq then how many talaaqs will take place? and could the couple get back togather?

[abuhajira]

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ῾alaykum wa-rahmatullāhi wa-barakātuh.

Talāq e Kināyah is a divorce that is issued in vague terms without clearly uttering the words of Talāq, e.g., the husband says to the wife go away. In this case if the intention was of Talāq then it will occur.

However, if a person uses an ambiguous word without the intention of divorce but there was a discussion of divorce, then Diyānatan (between the person and Allah) Talāq will not occur. Talāq will only occur if the judge passes a ruling of divorce.

And Allah Ta῾āla Knows Best

Mufti Zaid M Shelia,
Student Darul Iftaa
Chicago, Illinois (USA)

Checked and Approved by,
Mufti Ebrahim Desai.